iii 


11 

illlH 


REPORT 


OF  THE 


JOINT  SPECIAL  COMMITTEE 


ON 


SUBWAYS 


AND 


Report  of  Engineer  William  W.  Lewis 


TOGETHER  WITH 


PROPOSED  RESOLUTION  AND  DRAFT  ACT 
TO  PROVIDE  RAPID  TRANSIT  IN 
THE  CITY  OF  PROVIDENCE 


Prontftenrp  printing  (Eompang.  3ttr. 
(£Ug  $lrtntrr0 

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REPORT  OF  THE  JOINT  SPECIAL  COMMITTEE 
ON  SUBWAYS. 

To  the  Honorable  the  City  Council  of  the  City  of  Providence : 

The  Joint  Special  Committee  appointed  by  Resolution  No. 
92  approved  March  4,  1913  to  consider  and  report  to  the  City 
Council  a  plan  or  plans  for  a  tunnel,  subway,  open  cut  or 
combination  of  them,  from  the  East  Side  Tunnel  to  the 
Seekonk  River  and  which  by  Resolution  No.  93,  approved 
March  4,  1913,  was  instructed  to  inquire  into  the  matter  of 
providing  subways  for  those  portions  of  the  west  side  of  the 
city  through  which  there  is  a  heavy  suburban  traffic,  such  as 
Olneyville  Square  and  Elmwood,  respectfully  begs  leave  to 
report : 

Subsequent  to  the  appointment  of  your  committee  numer¬ 
ous  suggestions  have  been  referred  to  it  for  consideration, 
among  which  were  the  propositions  for  a  subway  in  the  down 
town  section,  and  also  a  subway  from  Hoyle  Square  to  Ex¬ 
change  Place.  After  several  meetings  of  the  committee  it 
was  deemed  advisable  and  necessary  that  this  question  of 
subways  be  treated  broadly  and  that  a  general  scheme  be 
outlined  covering  the  needs  of  the  entire  city  rather  than 
any  particular  section  or  sections,  and  upon  the  recommenda¬ 
tion  of  your  committee  Resolution  No.  155,  series  of  1913,  was 
passed  reading  as  follows : 

“Resolved,  That  the  Joint  Special  Committee  on  Subways 
appointed  pursuant  to  Resolution  No.  92,  Approved  March 
4,  1913,  in  addition  to  a  plan  for  an  East  Side  Subway,  is 
hereby  further  authorized  to  consider,  prepare  and  report -to 
the  city  council  a  comprehensive  plan  or  plans  of  main 
subways  for  the  general  sections  of  the  city  to  and  through 
which  there  is  now  especially  heavy  street  car  passenger 
traffic,  including  in  such  plans  facilities  for  carrying  high  and 


l 


low  tension  electric  wires  and  thereby  securing  the  removal 
of  all  overhead  electric  wires  so  far  as  practicable,  and  the 
estimated  cost  of  constructing  such  subways  respectively  in¬ 
cluding  any  land  damages,  and  said  committee  may  report 
to  the  city  council  at  any  time  or  times  with  its 
recommendations  as  to  any  parts  of  said  matters. 
There  is  hereby  appropriated  the  sum  of  not  ex¬ 
ceeding  fifteen  hundred  dollars  ($1,500)  as  may  be  re¬ 
quired  for  defraying  he  expenses  and  executing  the  powers 
and  purposes  authorized  or  specified  in  and  by  this  resolution 
and  in  Resolutions  No.  92  and  93,  series  of  1913,  payable 
on  the  approval  of  said  committee  certified  by  its  chairman, 
from  the  appropriation  for  city  council.  All  the  directions, 
powers  and  authority  included  in  and  conferred  upon  said 
committee  by  said  resolution  No.  92  shall  extend  and  apply 
to  all  the  subject  matters  of  this  resolution.” 

In  order  that  a  thorough  investigation  of  the  needs  of  the 
city  might  be  made  it  was  found  to  be  necessary  to  employ  an 
expert  engineer  to  study  the  subject  and  prepare  preliminary 
plans  and  estimates  of  cost  for  a  system  of  subways  for  the 
city;  and  your  committee  was  very  fortunate  in  being  able 
to  secure  the  services  of  Mr.  William  W.  Lewis,  Assistant 
Engineer  to  the  Boston  Transit  Commission  and  a  member 
of  the  American  Society  of  Civil  Engineers. 

Mr.  Lewis  has  had  much  experience  in  subway  construction 
in  Boston  and  in  his  report  to  your  committee  has  explained 
fully  relative  to  the  needs  in  Providence.  His  report  is 
transmitted  herewith  and  your  committee  believes  that  it 
shows  conclusively  that  in  order  to  provide  rapid  transit  for 
the  city  it  will  be  absolutely  necessary  to  provide  a  system 
of  subways.  There  can  be  no  question  as  to  the  urgency  of 
the  need  of  rapid  transit ;  and  to  provide  for  a  continuance  of 
the  study  and  to  obtain  authority  for  the  construction  of  sub¬ 
ways,  the  accompanying  resolution  and  draft  act  have  been 
prepared  and  approved  by  the  City  Solicitor,  creating  a  Com¬ 
mission  to  be  known  as  the  Providence  Transit  Commission. 
This  act  is  unanimously  recommended  by  your  committee. 
In  the  main  it  is  only  a  permissive  act,  as  it  provides  that  the 
approval  of  the  City  Council  must  be  obtained  before  any 
construction  work  is  begun  or  land  taken.  Inasmuch  as  the 


2 


construction  of  a  system  of  subways  will  cover  a  period  of 
years,  it  is  the  opinion  of  your  committee  that  the  present  time 
is  none  too  soon  to  secure  the  authority  to  construct  them. 

As  to  the  scope  of  the  general  scheme  recommended,  your 
committee  takes  pleasure  in  transmitting  the  report  of  Mr. 
Lewis  which  covers  this  subject  very  thoroughly;  and  the 
commttee  unanimously  concurs  in  the  views  expressed  therein. 

The  accompanying  resolution  is  accordingly  recommended 
for  passage. 

Respectfully  submitted, 

JOHN  KELSO, 

Chairman. 


3 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/reportofjointspeOOprov 


Report  op  Engineer  Wieeiam  W.  Lewis. 


TO  THE  JOINT  SPECIAL  COMMITTEE  TO  CON¬ 
SIDER  A  PROPOSED  EAST  SIDE  SUBWAY. 

Gentlemen : — 

Four  resolutions  relating  to  the  construction  of  subways 
were  referred  by  the  City  Council  to  your  committee.  These 
resolutions  provide  in  substance  as  follows : 

First:  Resolution  Number  92,  approved  March  4,  1913 

requires  consideration  of  and  report  on  a  plan  for  a  subway 
from  the  easterly  terminus  of  the  College  Hill  Tunnel,  now 
being  built  by  The  Rhode  Island  Company,  to  the  vicinity  of 
the  Seekonk  River,  with  such  rearrangement  of  traffic  as  may 
be  deemed  advisable,  together  with  a  recommendation  as  to 
how  the  same  should  be  carried  out. 

Second:  Resolution  Number  93,  approved  March  4,  1913 
directs  inquiry  into  the  matter  of  providing  subways  for  those 
portions  of  the  “West  Side”  of  the  city  through  which  there 
is  a  heavy  suburban  traffic,  such  as  Olneyville  Square  and  Elm¬ 
wood. 

Third:  Resolution  Number  155,  approved  April  23,  1913 
authorizes  consideration  of  and  report  on  a  comprehensive 
plan  of  main  subways  for  the  general  sections  of  the  city 
where  there  is  now  especially  heavy  street  car  passenger  traffic 
and  also  on  a  plan  for  constructing  facilities  in  connection 
with  the  subways  for  carrying  high  and  low  tension  electric 
wires. 

Fourth :  Resolution  Number  186,  approved  May  16,  1913 
directs  examination  into  and  a  report  upon  the  probable  cost 
of  a  subway  from  near  Hoyle  Square  to  Exchange  Place 
where  a  suitable  loop  for  the  return  tracks  is  to  be  provided. 

In  compliance  with  these  resolutions  and  pursuant  to  your 
oral  instructions  to  investigate  the  problem  of  improving  the 


5 


street  car  passenger  service  of  Providence  by  the  use  of 
subways  in  a  broad  and  general  way,  I  respectfully  submit 
the  following  report : — 

Inasmuch  as  the  third  resolution  is  the  most  fundamental 
and  comprehensive  and  includes  in  its  scope  the  projects 
mentioned  in  the  other  three  it  has  been  taken  as  the  basis 
of  this  investigation. 

Present  Conditions. 

The  City  of  Providence,  in  population,  ranks  as  the  second 
city  in  New  England,  being  exceeded  only  by  the  City  of 
Boston.  It  is  also  one  of  the  oldest  settlements  in  the  country, 
having  had  its  beginnings  in  1636. 

In  common  with  other  New  England  cities,  Providence  was 
not  laid  out  or  planned  on  any  comprehensive  scheme  in  antici¬ 
pation  of  the  time  when  it  was  to  become  a  large,  populous 
and  prosperous  municipality.  It  has  simply  grown  as  private 
initiative  and  necessity  have  directed  from  day  to  day,  with 
little  regard  for  its  future  comfort  or  convenience. 

From  this  very  process  of  development  have  come  many 
of  its  problems,  especially  those  relating  to  its  urban  and 
suburban  passenger  transportation.  For  the  expansion  and 
development  of  a  growing  community  it  is  necessary  to  have 
a  free  and  easy  movement  of  street  traffic.  This  is  largely 
dependent  first,  upon  the  width  of  the  streets ;  second,  the 
location  and  grade  of  the  streets ;  and  third,  the  existence  of 
main  thoroughfares. 

The  streets  of  Providence,  especially  those  in  the  old  and 
congested  districts,  were  laid  out  by  the  early  settlers,  wide 
enough  to  carry  the  traffic  at  that  time.  For  the  needs  of 
today,  however,  they  are  too  narrow  and  entirely  inadequate 
to  serve  efficiently  the  miscellaneous  traffic  of  a  modern 
municipality.  In  those  early  days  the  location  and  grade 
were  determined  with  reference  to  light  loads,  the  cheapest 
method  of  construction  and  avoiding  such  obstacles  as  were 
in  the  way.  Now,  the  narrow  streets  and  steep  grades  are  a 
serious  hindrance  to  the  large  and  heavy  loads  and  the  fast 
moving  vehicles  and  cars  common  to  modern  business. 


Again,  the  founders  of  the  city  had  no  idea  how  it  would 
spread  out  and  what  a  need  there  would  be  to  go  quickly  from 
one  part  of  the  district  to  another  and  so  no  provision  was 
made  for  broad  thoroughfares  to  pass  through  the  center  of 
the  district. 

If  the  city  is  to  grow,  something  must  be  done  to  remedy 
these  defects  in  the  congested  district  which  is  the  very  heart 
and  center,  not  only  of  the  city,  but  also  of  the  whole  Met¬ 
ropolitan  district. 

Classes  of  Traffic. 

There  are  three  general  classes  of  traffic,  producing  the 
congestion,  which  must  be  considered, — the  pedestrian,  the 
vehicular  and  the  street  car. 

Pedestrian.  The  increase  in  the  height  and  number 
of  office  buildings,  big  department  stores,  large  manufacturing 
plants  and  places  of  amusement,  within  the  congested  area  has 
resulted  in  such  a  congestion  of  the  present  narrow  sidewalks 
that  their  capacity  has  already  been  exceeded.  The  remedy  is, 
obviously,  to  widen  these  sidewalks  at  every  possible  oppor¬ 
tunity  and  remove  from  them  all  obstructions. 

Vehicular.  Within  the  congested  district  the  growth 
of  business  incident  to  a  rapidly  expanding  population,  the 
invention  of  the  automobile,  the  motor  truck,  and  the  growth 
in  pleasure  riding  have  brought  about  a  great  increase  in  the 
number  of  vehicles  using  these  narrow  streets  which  has  al¬ 
ready  resulted  in  over  taxing  their  capacity.  This  condition 
can  be  relieved  by  removing  part  of  the  traffic  or  widening  the 
streets. 

Street  Car.  The  trolley  cai,  on  account  of  its  large  size,  fre¬ 
quent  stops  and  confinement  to  a  particular  part  of  the  street, 
is  the  greatest  cause  of  congestion.  If  the  larger  part  of  the 
cars  were  removed  the  space  gained  would  then  be  available 
for  the  use  of  vehicles. 

Relief  of  Congestion. 

The  congestion  on  the  streets  can  be  relieved  in  three  ways : 
first,  by  widening  the  streets;  second,  by  building  elevated 
railways;  and  third,  by  constructing  subways. 


7 


Street  Widening  might  relieve  this  congestion  but  would 
not  provide  rapid  transit.  The  slowing  down  of  the  cars  for 
frequent  street  crossings,  other  vehicles  and  pedestrians,  and 
the  numerous  stops  for  passengers,  make  it  impossible  to  attain 
much  speed.  Moreover,  wide  streets  make  it  much  more  dan¬ 
gerous  for  pedestrians  to  cross  and  for  those  wishing  to  take 
the  cars. 

If  it  were  decided  to  remove  the  congestion  by  widening 
the  streets  it  would  be  necessary,  to  be  efficient,  to  have  a  street 
about  100  feet  wide.  This  would  allow  for  three  lines  of 
vehicles  on  either  side  of  the  two  car  tracks ;  one  line  for  vehi¬ 
cles  that  are  standing  at  the  curb,  the  second  for  those  moving 
slowly  and  the  third  for  those  moving  fast. 

Modern  cities,  especially  those  in  the  west,  are  laid  out  to 
provide  for  their  future  growth,  and  streets  of  100  feet  or 
more  in  width  are  the  rule  for  all  main  thoroughfares.  This 
layout  provides  room  for  a  satisfactory  surface  transportation 
system  for  a  long  time  after  cities,  less  fortunate  in  their  lay¬ 
out,  have  been  obliged  to  resort  to  elevated  railways  or 
subways. 

To  build  streets  like  this  in  the  congested  parts  of  Provi¬ 
dence  would  require  cutting  into  many  of  the  most  valuable 
buildings  of  the  business  district.  This  would  entail  such  an 
enormous  expense  on  the  city  as  to  make  it  practically  pro¬ 
hibitive. 

Elevated  Railzvays  are  seldom  constructed  at  the  pres¬ 
ent  time  except  as  extensions  or  connections  of  existing 
systems.  Their  defects  are  well  known.  Noise,  obstruction 
and  darkening  of  the  streets,  the  great  risk  to  life  in  case  of 
derailment,  and  the  damages  resulting  from  great  depreciation 
in  the  value  of  adjacent  property,  are  objections  that  far  out¬ 
weigh  the  merit  of  a  comparatively  small  original  cost  of  con¬ 
struction.  On  account  of  these  serious  objections  the  installa¬ 
tion  of  an  elevated  system  in  this  city  would  be  out  of  the 
question. 

Subways  provide  the  most  modern  method  of  trans¬ 
portation  in  the  congested  districts  of  cities,  affording  nearly 
ideal  conditions  of  speed,  comfort  and  safety.  They  can  be 
used  with  either  surface  cars  or  trains.  The  change  from 


surface  cars  to  trains  in  a  subway  more  than  doubles  its  trans¬ 
portation  capacity.  In  either  case  they  provide  for  transpor¬ 
tation  in  the  congested  sections  of  a  city  with  the  least  incon¬ 
venience  to  passengers  and  the  general  public.  All  this  is  ac¬ 
complished  without  depreciation  or  injury  to  adjacent  prop¬ 
erty. 

For  Providence  to  continue  its  growth  and  development,  its 
transportation  problem  must  be  solved  in  such  a  way  that  the 
people  living  in  one  section  of  the  city  shall  have  quick,  regular, 
comfortable  and  cheap  transportation  to  any  other  section 
they  may  desire  to  reach,  for  purposes  of  employment,  trade 
or  recreation. 

In  view  of  these  considerations  the  writer  believes  that  the 
subway  system  hereinafter  described  is  the  only  practicable 
means  of  solving  the  transportation  problem  in  Providence. 

Population  and  Traffic. 

The  City  of  Providence,  as  a  political  unit,  has  now  a  popula¬ 
tion  of  nearly  250,000.  There  are,  however,  immediately 
adjoining  and  surrounding  it  a  number  of  cities  and  towns, 
the  industrial,  social  and  amusement  life  of  which  is  essen¬ 
tially  one  with  that  of  Providence,  so  that  altogether  there  is 
formed  one  large  community,  which  is  called  Metropolitan 
Providence. 

Comprised  in  this  large  district,  besides  the  city  of  Provi¬ 
dence,  are  the  towns  of  East  Providence,  Lincoln,  North 
Providence,  Johnston,  Warwick  and  West  Warwick,  and  the 
cities  of  Pawtucket,  Central  Falls  and  Cranston.  These  towns 
and  cities  altogether  now  have  a  population  of  about  420,000. 
The  remaining  portions  of  the  State,  which  are  much  more 
thinly  settled,  contain  only  about  175,000  inhabitants,  which 
brings  the  total  population  of  Rhode  Island  up  to  about  600,- 
000. 

This  whole  district  has  shown  a  consistent  and  substantial 
rate  of  growth  which  compares  favorably  with  that  of  other 
growing  districts  in  the  East  and  there  is  every  reason  to  be¬ 
lieve  that  it  will  continue. 


9 


The  present  transportation  system  for  the  territory  under 
consideration  is  operated  by  The  Rhode  Island  Company.  A 
study  of  the  territory  served  by  this  company  suggests  three 
natural  divisions : 

First:  The  territory  served  by  the  company  as  a  whole, 
including  considerable  sparsely  settled  country, 

Second :  The  more  thickly  settled  residential  and  business 
portion,  including  Providence  and  its  surrounding  territory, 
which  comprises  Metropolitan  Providence,  and 

Third :  Approximately  the  district  formerly  served  by  the 
Union  Railroad  Company,  and  known  as  the  Union  Railroad 
Division.  This  division  includes  50  square  miles  of  territory 
and  marks  the  five-cent  fare  limit  of  the  city. 

The  first  division  includes  over  50  per  cent,  of  the  area 
of  the  State  and  about  88  per  cent,  of  its  population.  Thd 
total  estimated  population  of  this  division  in  1914  is  about 
520,000.  From  1880  to  1910  it  showed  a  growth  of  108  per 
cent. 

The  second,  Metropolitan  Providence,  includes  more  than 
80  per  cent,  of  the  population  served  by  The  Rhode  Island 
Company.  This  district  shows  a  growth  in  population  from 
1880  to  1910  of  128  per  cent.  This  compares  with  an  increase 
of  113  per  cent,  during  the  same  period  in  the  Metropolitan 
District  of  Boston,  which  is  served  by  the  Boston  Elevated 
Railway  Company. 

The  third,  the  Union  Railroad  Division,  comprises  the  cities 
and  towns  of  Providence,  North  Providence,  East  Providence 
and  a  portion  of  Pawtucket,  Cranston,  Warwick,  Lincoln  and 
Johnston,  with  a  total  estimated  population  in  1914  of  315,000. 
This  is  61  per  cent,  of  the  population  served  by  The  Rhode 
Island  Company,  and  shows  an  increase  from  1880  to  1910  of 
126  per  cent.  The  following  table  shows  the  population  from 
1880  to  1910,  with  percentage  of  growth  as  stated  above,  and 
a  comparison  with  the  Metropolitan  District  of  Boston  served 
by  the  Boston  Elevated  Railway  Company : — 


10 


PLATE  I. 


Growth  in  Population. 


Date 

R.  I.  Co. 

Met.  Prov. 

U.R.R.Div. 

Met.  District 
Boston  Elev. 
Ry.  Co. 

1880 

1910 

231.100 

481.100 

168,000 

383,000 

128.300 

289.300 

585,300 

1,247,000 

Increase 

30  years 

108% 

128% 

126% 

113% 

Average 

Annual 

Increase 

3.6% 

4.3% 

4.2% 

3.8% 

A  comparison  of  the  increase  in  population  from  1880  to 
1910  in  the  State  and  the  City  of  Providence,  is  as  follows: 


Date 

State 

City 

1880  . 

. 277,000 

104,900 

1910 . 

. 540,000 

224,300 

Increase  30  years  . 

.  95% 

114% 

Average  Annual  Increase . . 

.  3.2% 

3.8% 

Of  all  these  divisions  it  will  be  noted  that  Metropolitan  Prov¬ 
idence  shows  the  most  rapid  growth.  The  effect  of  this  rapid 
growth  in  population  on  the  transportation  system  is  already 
felt  in  the  congested  sections  of  Providence. 

The  rate  of  growth  in  population  for  these  five  sections  is 
clearly  indicated  on  the  accompanying  diagram,  Plate  I.  On 
this  diagram  is  shown  the  actual  rate  of  growth,  from  the 
census  figures,  covering  the  period  from  1880  to  1910;  and 
the  estimated  future  growth  as  far  as  1940. 

From  the  records  of  The  Rhode  Island  Company  the  total 
number  of  revenue  paying  passengers  carried  on  its  system 
was  obtained  covering  the  years  from  1900  to  1913.  From 
these  records  the  traffic  in  Metropolitan  Providence  and  in  the 
Union  Railroad  Division  was  found. 

As  The  Rhode  Island  Company  was  not  formed  until  1902 
and  as  some  of  its  component  parts  were  not  incorporated 
until  later,  the  growth  in  traffic  has  been  compiled  from  the 
records  of  the  individual  companies. 


13 


In  1900  the  system,  now  comprising  The  Rhode  Island  Com¬ 
pany,  carried  about  44,705,000  revenue  paying  passengers. 
In  this  same  territory  in  1913  about  98,190,000  were  carried, 
showing  an  increase  in  thirteen  years  of  119.5  per  cent. 

In  Metropolitan  Providence  about  42,589,000  passengers 
were  carried  in  1900,  compared  with  about  88,033,000  in  1913 ; 
an  increase  in  thirteen  years  of  106.5  per  cent. 

The  Union  Railroad  Division  carried  in  1900,  about  38,346,- 
000  passengers  compared  with  71,498,000  in  1913,  an  increase 
of  86.5  per  cent,  in  the  same  time. 

The  above  figures  are  shown  in  tabular  form  below : 


Revenue:  Paying  Passengers. 


Date 

R.  I.  Co. 

Met.  Prov. 

U.R.R.DIV. 

Met.District 
Boston  Elev. 
Ry.  Co. 

1900 

1913 

44,705,000 

98,190,000 

42,589,000 

88,033,000 

38,346,000 

71,498,000 

201,125,000 

326,353,000 

Increase 
13  years 

119.5% 

106.5% 

86.5% 

62.3  % 

Average 

Annual 

Increase 

9.2% 

8.2  % 

6.7% 

4.8% 

The  accompanying  diagram,  Plate  II.,  shows  the  rate  of 
growth  in  the  traffic  for  these  three  divisions,  from  1900  to 
1913,  together  with  the  estimated  increase  to  1940. 

A  comparison  of  these  traffic  figures  with  those  of  popula¬ 
tion,  for  corresponding  districts,  shows  that  the  growth  in 
traffic  has  been  very  much  greater  than  the  growth  of  popula¬ 
tion. 


14 


/ta/3  /e  /7  /&  /9  / 920  2/  22  23  24  /92S  26  27  20  29  '930  3/  32  33  34  7933  36  37 


PLATE  II. 


A7sj.  /./O/vs 


PLATE  III. 


This  is  siiown  by  the  increase  in  the  number  of  rides  per 
capita  for  these  districts  as  given  in  the  table  below : 

Rides  Per  Capita. 


Date 

R.  I.  Co. 

Met.  Prov. 

U.  R.  R.  Div. 

Met.  District 
Boston  Elev. 
Ry.  Co. 

1900 

131 

157 

178 

200 

1913 

194 

213 

230 

242 

Increase 

13  years 

63 

56 

52 

42 

Per  cent 

of 

Increase 

48% 

35.6% 

29.2% 

21% 

It  is  to  be  noted  from  these  figures  that  the  rides  per  capita 
are  greatest  in  the  thickly  settled  or  congested  districts,  while 
the  rate  of  increase  is  greatest  in  the  more  sparsely  settled 
sections. 

The  accompanying  diagram,  Plate  III.,  shows  the  growth 
in  the  rides  per  capita  for  these  three  districts,  from  1900  to 
1913,  as  well  as  the  estimated  growth  to  1940. 

A  comparison  of  the  growth  in  revenue  passengers  of  Met¬ 
ropolitan  Providence  with  the  Metropolitan  District  of  the 
Boston  Elevated  Railway  Company,  as  given  above  shows  an 
increase  of  106.5  per  cent,  in  Providence  compared  with  62.3 
per  cent,  in  Boston. 

Comparing  the  rate  of  increase  in  annual  rides  per  capita  of 
these  two  cities  shows  an  increase,  during  the  last  thirteen 
years,  of  35.6  per  cent,  for  Providence  compared  with  21  per 
cent,  for  Boston. 

Present  Distribution  oe  Traeeic. 

For  the  purpose  of  studying  the  transportation  problem,  a 
map,  Number  1,  was  prepared  to  accompany  this  report,  cover¬ 
ing  the  greater  part  of  the  Metropolitan  District.  This  terri¬ 
tory  extends  about  six  miles  north  and  six  miles  south,  and 
about  four  miles  east  and  four  miles  west  from  the  City  Hall. 


17 


Within  this  area  are  several  political  jurisdictions,  which 
should  be  considered  together  in  dealing  with  its  rapid  transit 
problem.  The  business  section  of  the  City  of  Providence  is 
the  center  of  this  district  from  which  all  the  main  lines  of  traf¬ 
fic  radiate. 

On  the  map  are  shown  all  the  street  car  lines  within  the 
territory,  together  with  the  most  prominent  physical  features, 
such  as  rivers,  ponds,  parks,  cemeteries,  railroads,  etc.,  which 
have  a  bearing  on  the  location  of  the  routes  of  travel. 

Starting  at  the  outskirts  of  the  transportation  districts  it  will 
be  seen  that  the  individual  routes  as  they  approach  Provi¬ 
dence  run  together  here  and  there  until  they  finally  pass 
through  the  business  district  on  a  few  trunk  lines,  just  as  the 
tributaries  of  a  river  flowing  from  many  directions  join  to¬ 
gether  on  their  journey  to  the  sea. 

These  various  lines  of  travel  can  be  grouped  into  districts, 
each  of  which  is  tributary  to  one  of  the  main  arteries  of  traffic. 
In  this  way  the  territory  has  been  divided  into  thirteen  Trans¬ 
portation  Districts  designated  by  the  letters  A,  B,  C,  D,  etc., 
and  Central. 

A  brief  description  of  the  location  and  boundaries  of  each 
district  follows : 

Transportation  District  A  lies  along  the  west  side  of  Nar- 
ragansett  Bay  as  far  south  as  Buttonwoods  and  has  for  its 
main  artery  Broad  Street  which  receives  the  heavy  traffic  from 
all  the  settlements  along  the  west  shore  of  the  bay  as  far  south 
as  Rocky  Point  and  Buttonwoods. 

Transportation  District  B  lies  to  the  west  of  District  A,  ex¬ 
tending  as  far  south  as  Narragansett  Pier.  Its  main  artery  is 
Elmwood  Avenue  which  receives  the  traffic  from  Norwood, 
Apponaug,  East  Greenwich,  Auburn,  Eden  Park,  River  Point, 
Washington  and  other  settlements  in  the  Pawtuxet  River 
Valley. 

Transportation  District  C  lies  to  the  southwest  of  the  center 
of  Providence  and  has  for  its  main  artery  Cranston  Street, 
which  receives  the  traffic  from  Arlington,  West  Arlington, 
Cranston,  Meshanticut  Park  and  Oaklawn. 


18 


Transportation  District  D  lies  to  the  west  of  the  city  and  in¬ 
cludes  all  the  area  served  by  lines  that  pass  through  Olneyville 
Square.  Through  this  square  passes  the  traffic  from  Thorn¬ 
ton,  Hughesdale  and  Dyer  Avenue  over  Plainfield  Street; 
from  the  Providence  and  Danielson  line  over  Hartford  Ave¬ 
nue;  and  from  Manton,  Lymansville,  Allendale,  Centerdale, 
and  other  towns  along  the  Woonasquatucket  River  over  Man- 
ton  Avenue. 

Transportation  District  B  lies  northwest  from  the  center  of 
the  city  and  has  for  its  main  artery  Smith  Street.  It  includes 
the  Mount  Pleasant  and  Fruit  Hill  Districts. 

Transportation  District  F  includes  the  area  north  of  Dis¬ 
trict  E  and  south  of  West  River.  The  traffic  in  this  district 
is  local  and  has  for  its  main  artery  Admiral  Street. 

Transportation  District  G  lies  north  of  the  city  between  the 
West  River  and  the  Moshassuck  River.  Its  main  artery  is 
Branch  Avenue ,  which  receives  the  traffic  from  a  part  of  Paw¬ 
tucket,  Central  Falls  and  Saylesville,  all  of  the  traffic  on  the 
Providence  and  Burrillville  interurban  line  from  Woonsocket, 
and  that  from  Geneva  and  Woodville. 

Transportation  District  H  lies  north  of  Providence  and  in¬ 
cludes  the  greater  part  of  Pawtucket  and  Central  Falls.  It  has 
for  its  main  artery  North  Main  Street }  which  is  the  main  en¬ 
trance  to  the  city  from  the  north. 

Transportation  District  J  includes  all  of  the  East  Side  ex¬ 
cept  a  narrow  strip  along  the  Providence  River.  Its  main  ar¬ 
tery  will  be  the  Bast  Side  Tunnel ,  when  completed. 

Transportation  District  K  includes  all  of  East  Providence 
north  of  Waterman  Avenue  and  Taunton  Avenue.  The  traffic 
of  the  villages  of  Phillipsdale,  Rumford,  East  Providence  Cen¬ 
ter  and  Hunts  Mills,  included  in  this  territory,  enters  Provi¬ 
dence  over  the  Red  Bridge. 

Transportation  District  L  includes  all  of  East  Providence 
south  of  Waterman  and  Taunton  Avenues.  Its  entrance  to 
Providence  is  over  Washington  Bridge ,  which  receives  the  in¬ 
terurban  traffic  from  Taunton,  Barrington,  Warren,  Bristol 


19 


and  Fall  River,  and  the  heavy  traffic  from  the  numerous  set¬ 
tlements  along  the  east  shore  of  Narragansett  Bay  as  far  south 
as  Crescent  Park. 

Transportation  District  Central  includes  the  down-town 
business  and  delivery  district  to  and  from  which  the  bulk  of 
the  traffic  wishes  to  go. 

Rapid  Transit  Routes. 

A  study  of  the  map  shows  that  districts  A,  B,  and  C  lying 
to  the  south  naturally  form  one  group,  their  main  arteries  con¬ 
verging  in  such  a  way  that  a  connection  of  each  with  a  subway 
could  be  made  at  or  near  Trinity  Square. 

On  the  west  all  the  lines  of  District  D  pass  through  Olney- 
ville  Square  and  part  of  the  cars  from  adjacent  territory  to 
the  north  and  south  could  be  re-routed  to  reach  this  point 
where  the  western  terminus  of  a  subway  could  be  located. 

On  the  north  all  the  main  lines  passing  through  districts  G 
and  H  can  be  brought  together  just  south  of  the  North  Burial 
Ground,  where  connection  with  a  subway  can  readily  be  made. 

On  the  east  all  the  lines  of  districts  K  and  L  converge  to  a 
point  near  the  Red  Bridge  over  which  the  traffic  could  make 
connection  with  a  subway  at  or  near  East  River  Street.  A 
subway  from  this  point  to  the  easterly  portal  of  the  East  Side 
Tunnel,  now  under  construction,  would  pass  through  the  more 
thickly  settled  part  of  district  J,  serving  the  residents  of  this 
section  directly.  All  the  lines  of  this  district  can  connect  with 
the  subway  by  transfer  at  way  stations  or  by  inclines. 

The  western  portion  of  district  E,  including  Mount  Pleasant, 
can  be  made  tributary  to  a  subway  at  Olneyville  Square  by 
re-routing  the  cars  to  this  point.  Sections  of  the  district  east 
of  Mount  Pleasant  would  reach  the  city  more  quickly  by  the 
surface.  To  provide  for  future  growth  in  this  district  Smith 
Street  should  be  widened  to  about  a  hundred  feet  throughout 
its  length. 

District  F  can  be  made  tributary  to  a  subway  to  the  north, 
by  re-routing  the  cars  from  Douglas  Avenue  and  Admiral 
Street  to  connect  by  transfer  at  a  way  station  near  the  junc¬ 
tion  of  North  Main  Street  and  Benefit  Street. 

Data  was  obtained  from  The  Rhode  Island  Company  for  all 
its  lines  in  the  Union  Railroad  Division,  from  which  it  has 


20 


been  possible  to  determine,  with  reasonable  accuracy,  the  num¬ 
ber  of  passengers  carried  in  each  of  the  transportation  districts 
above  mentioned.  In  the  following  table  the  districts  tributary 
to  each  of  the  four  subways  above  alluded  to  have  been  shown 
in  groups  and  their  traffic  given,  together  with  the  percentage 
of  the  total  traffic  of  the  Union  Railroad  Division  for  the 
year.  While  certain  sections  of  districts  E  and  F  would  be 
tributary  to  the  subways  they  have  not  been  subdivided  and 
included  in  their  proper  groups  as  sufficient  data  and  time  to  do 
this  were  not  available. 

Passenger  Trafeic  of  the  Union  Raigroad  Division  by 
Transportation  Districts. 


1911 

1912 

1913 

Transpor 

°/o  Of 

°!o  of 

°Jo  of 

tation  Dis 

Yearly 

Yearly 

Yearly 

tricts 

Passengers 

Traffic 

Passengers 

Traffic 

Passengers 

Traffic 

A 

14,555,518 

18.6 

16,042,413 

19.8 

16,854,480 

19.9 

B 

8,940,347 

11.4 

9,346,530 

11.6 

9,756,973 

11.4 

C 

Total 

6,849,610 

8.7 

7,157,737 

8.8 

7, 235,323 

8.5 

A,  B,  C  30,345,475 

38.7 

32,546,680 

40.2 

33,846,776 

39.8 

D 

10,780,801 

13.7 

11,251,492 

13.8 

11,598,086 

13.6 

E 

4,808,745 

6.1 

4,928,612 

6.0 

5,043,951 

6.0 

F 

Total 

2,034,196 

2.6 

834,866 

1.1 

833,002 

1.0 

• 

E,  F 

6,842,941 

8.7 

5,763,478 

7.1 

5,876,953 

7.0 

G 

3,778,169 

4.8 

4,053,228 

5.0 

4,670,399 

5.5 

H 

Total 

8,794,120 

11.1 

9,014,273 

11.2 

9,390,734 

11.1 

G,  H 

12,572,289 

15.9 

13,067,501 

16.2 

14,061,133 

16.6 

J 

5,710,723 

7.3 

6,582,181 

8.0 

7,149,424 

8.4 

K 

1,512,097 

2.0 

1,605,050 

1.9 

1,826,310 

2.2 

L 

Total 

J,  K,L 

5,272,177 

6.7 

5,115,056 

6.3 

5,137,343 

6.1 

12,494,997 

16.0 

13,302,287 

16.2 

14,113,077 

16.7 

Central  and 

Miscella 

- 

neous 

5,450,090 

7.0 

5,131,268 

6.5 

5,402,113 

6.3 

Total  Yearly 

Traffic 

78,486,593 

100.0 

81,062,706 

100.0 

84,898,138 

100.0 

21 


It  will  be  seen  that  in  the  three  southern  districts  A,  B  and  C, 
nearly  34  million  passengers  were  carried  in  1913  or  approxi¬ 
mately  40  per  cent,  of  the  total  traffic  of  the  Union  Railroad 
Division.  Disricts  G  and  H  lying  to  the  north,  and  J.  K  and  L 
to  the  east  each  furnished  over  14  millions,  or  16.6  per  cent, 
and  16.7  per  cent,  respectively.  In  district  D  on  the  west 
about  11.5  millions  or  13.6  per  cent,  were  carried.  The 
smaller  districts  E  and  F  to  the  northwest  furnished  nearly 
six  million  passengers.  The  central  or  delivery  district  and  a 
few  miscellaneous  lines  furnish  nearly  5.5  millions,  making 
the  total  traffic  in  the  Union  Railroad  Division  in  1913  nearly 
85  millions. 

In  addition  to  the  traffic  of  the  Union  Railroad  Division 
there  is  a  considerable  traffic  carried  from  district  L  by  the 
New  York,  New  Haven  and  Hartford  Railroad  through  the 
“Electric  Tunnel”.  A  part  of  this  traffic  would  undoubtedly 
be  diverted  to  an  East  Side  Subway  if  one  were  to  be  built. 

In  the  table  below  is  given  the  total  traffic  of  the  Union 
Railroad  Division  in  the  districts  J,  K,  and  L,  together  with 
that  of  the  “Electric  Tunnel”. 

Yearly  Passenger!  Traffic  from  Transportation  Dis¬ 
tricts  J,  K,  and  L  and  “Electric  Tunnel” 


Transpor-  1911 

1912 

1913 

tation 

Per 

Per 

Per 

Districts  Passengers 

Cent 

Passengers 

Cent 

Passengers 

Cent 

J,  K,  L  12,494,997 

13,302,287 

14,113,077 

Electric 

Tunnel  2,437,500 

2,440,100 

2,641,900 

Total  14,932,497 

18.5% 

15,742,387  18.9% 

16,754,977  19.1% 

Total 

Yearly 

Traffic 

U.  R.  R. 

Division  78,486,593 

81,062,706 

84,898,138 

Electric 

Tunnel  2,437,500 

2,440,100 

2,641,900 

Grand 

Total  80,924,093 

100% 

83,502,806 

100% 

87,540,038  100% 

22 


From  his  table  it  is  seen  that  the  district  tributary  to  an 
east  side  subway  had  a  passenger  traffic  which  increased  from 
14.9  millions  in  1911  to  16.7  millions  in  1913.  These  figures 
show  that  the  total  traffic  from  the  east  side  district  in  1913 
was  19.1  per  cent  of  the  total  yearly  traffic  which  makes  this 
the  second  largest  district  tributary  to  the  proposed  subway 
system. 


Description  op  Proposed  Subways. 

A  detailed  study  of  the  traffic  conditions  affecting  the  con¬ 
nection  of  these  termini  by  subways  shows  that  the  traffic 
could  be  efficiently,  conveniently  and  economically  served  by 
building  a  north  and  south,  and  an  east  and  west  subway,  each 
of  which  would  pass  through  the  business  or  delivery  district. 
Here  a  central  transfer  station  would  be  constructed,  so  ar¬ 
ranged  that  a  person  from  one  district  could  readily  transfer 
to  any  other  district.  By  means  of  a  subpassageway  connec¬ 
tion  could  be  made  with  the  Union  Station  of  the  New  York, 
New  Haven  and  Hartford  Railroad. 

Access  to  the  transfer  station  from  the  square  could  be  had 
from  a  suitable  shelter  from  which  all  the  platforms  could  be 
easily  reached. 

A  map,  Number  2,  has  been  prepared  to  accompany  this  re¬ 
port  showing  the  location  of  the  subways  recommended.  As 
shown  on  this  map,  the  proposed  north  and  south  route  ex¬ 
tends  from  a  point  near  the  south  end  of  the  North  Burial 
Ground,  via  Benefit  Street  to  Waterman  Street,  and  thence 
under  the  river  and  through  Washington  Street  to  the  central 
transfer  station  above  mentioned  in  Exchange  Place.  From 
this  point  the  subway  would  continue  southward  through  Dor- 
rance,  Weybosset  and  Broad  Streets  to  the  junction  of  Elm¬ 
wood  Avenue  and  Broad  Street  at  Trinity  Square. 

The  proposed  east  and  west  route  extends  from  a  point  in 
Medway  Street  extension  near  East  River  Street,  westward 
under  Medway  Street,  private  property  and  Fones  Alley  to  a 
point  near  Thayer  Street,  where  connection  would  be  made 
with  the  East  Side  Tunnel.  From  the  westerly  end  of  this 
tunnel  the  route  passes  under  North  Main  Street,  through 
Waterman  Street  and  under  the  river  to  the  central  transfer 


23 


station  in  Exchange  Place.  Running  west  from  this  point  the 
subway  would  pass  through  Washington  Street  to  a  point 
opposite  the  junction  of  Westminster  Street  and  Cranston 
Street ;  thence  under  private  property  into  Westminster  Street 
and  through  Westminster  Street  to  Olneyville  Square. 

At  each  terminus  it  will  be  necessary  to  provide  inclines  or 
portals  for  surface  cars  to  enter  and  leave  the  subways. 

Way  stations  on  these  lines  should  be  provided  at  points 
from  1300  to  3000  feet  apart  depending  on  the  density  of 
population,  the  locality  and  typography  of  the  territory  tra¬ 
versed.  These  stations  should  be  used  as  transfer  points  from 
surface  cars  to  the  subway,  and  surface  car  routes  should  be 
planned  to  be  tributary  to  the  subway  at  these  points. 

The  proposed  subways  should  be  built  with  regard  to  future 
requirements  and  of  sufficient  size  to  accommodate  the  largest 
cars  that  may  reasonably  be  expected  to  use  them. 

Although  surface  cars  would  first  be  used,  the  subway 
should  be  so  designed  as  to  be  adapted  for  the  use  of  trains. 
Stations  should  be  designed  so  that  their  length  may  be  in¬ 
creased  in  the  future  as  the  traffic  requires.  The  termini  of 
the  routes  should  be  so  arranged  as  to  allow  the  most  conve¬ 
nient  extensions  when  required. 

Estimate  of  Cost  of  Subway  System  for  Surface  Cars. 

The  subway  system  outlined  above  has  been  conservatively 
estimated  to  cost,  not  in  excess  of  $13,600,000.  The  details  of 
this  estimate  follow : 

Bast  Side  Subway. 

East  Side  Tunnel  Extension,  5780  lin.  ft.  $1,500,000 
East  Side  Tunnel,  *1665  lin.  ft.  750,000 


7445  lin.  ft.  $2,250,000 

1.41  miles  at  about  $1,596,000  per  mile. 

*Part  between  proposed  connections.  Total  length,  2165  lin.  ft. 

West  Side  Subway. 

East  Side  Tunnel  Extension,  875  lin.  ft.  $  350,000 
West  Side  Subway  10031  lin.  ft.  4,487,650 


10906  lin.  ft. 


2.07  miles  at  about  $2,340,000  per  mile. 

24 


4,837,650 


Total  Bast  Side  and  West  Side  Subzvays. 

18351  lin  ft.  about  $7,100,000 
3.48  miles  at  about  $2,040,000  per  mile. 

North  Side  Subway. 

6600  lin.  ft.  $2,940,000 


$2,940,000 

1.25  miles  at  about  $2,350,000  per  mile. 

South  Side  Subzuay. 

6000  lin.  ft.  $3,520,000 


$3,520,000 


1.14  miles  at  about  $3,090,000  per  mile. 

Total  North  Side  and  South  Side  Subways. 

12600  lin.  ft.  about  $6,500,000 
2.38  miles  at  about  $2,730,000  per  mile. 

Summary. 

East  and  West  Subways  $7,100,000 

North  and  South  Subways  6,500,000 


$13,600,000 

5.86  miles  at  about  $2,320,000 
Construction  Program. 

The  order  in  which  the  various  lines  of  the  proposed  rapid 
transit  system  should  be  built  cannot  be  definitely  determined 
in  advance.  However,  the  present  conditions  of  traffic,  both 
as  regards  number  of  passengers  carried  and  congestion  of  the 
streets  on  these  lines,  seem  to  justify  the  following  program 
of  construction,  which  is  hereby  recommended. 

First ,  the  construction  of  the  East  Side  Tunnel  Extension 
from  a  proper  connection  with  the  present  East  Side  Tunnel 
to  a  point  near  East  River  Street.  This  is  the  natural  place 
to  begin  in  order  to  continue  the  work  already  under  way. 
Moreover  the  design  of  this  line  would  be  much  more  simple 
than  any  of  the  other  lines  and  construction  could  be  begun 
at  a  comparatively  early  date. 


25 


On  account  of  the  danger  which  would  be  incurred  by  run¬ 
ning  heavy,  high-speed,  suburban  electrics  through  the  very 
narrow  streets  leading  from  the  vicinity  of  Red  Bridge,  it  is 
most  essential  that  this  line  should  be  constructed  first. 

Consequently,  a  map,  Number  3,  showing  a  preliminary  plan 
and  profile  of  the  proposed  extension  of  the  East  Side  Tunnel 
has  been  prepared  in  some  detail  to  accompany  this  report. 

The  Second  line  to  be  constructed  should  be  the  “South 
Side”  subway,  extending  from  Trinity  Square  to  Exchange 
Place  via  Weybosset  and  Dorrance  Streets.  This  should  in¬ 
clude  the  construction  of  the  central  transfer  station  and  a 
loop  for  the  use  of  the  Broad  Street  lines.  It  is  recommended 
as  of  second  importance  because  the  present  traffic  reaching  the 
city  from  the  south  is  more  than  double  that  coming  from  any 
other  direction,  and  also  on  account  of  the  narrowness  of  the 
streets  and  inadequacy  of  the  present  service  in  this  direction. 

The  Third  line  to  be  built  cannot  be  determined  so  easily  at 
this  time.  However,  the  “North  Side”  subway  has  been  select¬ 
ed  because  it  has  a  somewhat  larger  traffic  and  a  very  much 
shorter  length  than  the  West  Side  Subway,  and  particularly  on 
account  of  the  narrowness  of  North  Main  Street.  The  com¬ 
pletion  of  the  “North  Side”  Subway  will  make  a  through  line 
from  Trinity  Square  to  the  North  Burial  Ground. 

The  Fourth  line  or  “West  Side”  Subway  extending  from 
Olneyville  Square  to  Exchange  Place  would  complete  the  sys¬ 
tem  except  for  the  link  connecting  the  central  transfer  station 
with  the  present  East  Side  Tunnel.  This  connection  might  be 
made  at  the  same  time  as  the  river-crossing  section  of  the 
North  Side  Subway,  or  during  the  construction  of  this  West 
Side  line. 

According  to  this  tentative  program  it  is  estimated  that  the 
construction  of  the  completed  system  fully  equipped  for  oper¬ 
ation  would  take  about  nine  years  or  until  1923.  If  work  on 
the  East  Side  Subway  were  begun  during  the  present  year  it 
could  probably  be  completed  and  equipped  for  operation  about 
1916.  As  soon  as  the  South  Side  Subway  and  central  transfer 
station  are  finished  they  should  be  put  in  operation,  which 
would  probably  be  about  1918.  The  North  Side  would  prob¬ 
ably  be  completed  and  put  in  operation  in  two  years  more  or  in 

26  , 


1920.  The  West  Side  Subway  would  probably  take  about 
three  years  additional  to  build  and  equip.  This  would  set  the 
date  for  the  beginning  of  operation  of  the  completed  system,  as 
stated  above,  in  1923. 

Financing  the:  Proposer  Subway  Syste;m. 

The  question  naturally  arises,  Is  Providence  warranted  in 
building  the  system  of  subways  recommended?  This  question 
will  be  considered  from  its  financial  side  only. 

It  is  assumed  that  the  construction  of  the  subways  will  be 
financed  by  the  City  of  Providence  by  an  issue  of  bonds  out¬ 
side  the  debt  limit.  On  their  completion  they  will  be  leased 
to  an  operating  company  at  a  yearly  rental  sufficient  to  pay  not 
only  the  interest  on  the  bonds  but  also  provide  a  sinking  fund 
for  the  retirement  of  these  bonds.  In  this  way  the  taxpayers 
are  relieved  of  any  financial  burden  in  the  construction  of  the 
subways,  and  the  city  simply  lends  its  credit  to  the  operating- 
company  during  the  life  of  the  bonds. 

After  the  bonds  have  matured  the  rentals  accruing  will  be  a 
source  of  general  revenue  to  the  city. 

The  ability  of  the  operating  company  to  pay  these  rentals 
depends  on  the  population  tributary  to  its  system,  the  amount 
of  its  traffic,  and  its  gross  receipts. 

The  most  significant  dates  for  a  study  of  these  features  are 
those  when  the  various  links  of  the  subway  system  are  put  in 
operation  which  are  estimated  to  be  1916,  1918,  1920  and  1923. 


From  the  diagrams,  Plates  I,  II  and  III,  the  population 
tributary  to  The  Rhode  Island  Company  and  its  traffic  on 
these  dates  is  found  to  be  as  follows : 


Date 

Population 

Revenue 

Passengers 

Rides  per 
Capita 

1913 

510,000 

98,190,000 

194 

1916 

540,000 

111,000,000 

205 

1918 

565,000 

119,000,000 

211 

1920 

585,000 

127,000,000 

217 

1923 

620,000 

139,000,000 

224 

This  shows  an  increase  in  population  of  110,000,  an  increase 
in  revenue  passengers  of  4 i, 000, 000  and  an  increase  in  rides 


27 


per  capita  of  30,  from  now  until  the  proposed  subway  system 
is  completed. 

From  the  records  of  The  Rhode  Island  Company  and  its 
leased  lines  the  gross  revenues  have  been  obtained  and  plotted 
on  the  diagram,  Plate  IV,  covering  the  years  from  1900  to 
1913  inclusive,  and  estimated  to  1940.  On  this  diagram  is 
also  shown  the  growth  of  population  and  gross  revenue  per 
capita. 


This  growth  is  also  given  in  tabular  form  below  from  1903 
to  1923,  which  covers  the  years  of  subway  construction. 


Date 

Population 

Yearly 

Gross  Revenue 

Gross  Revenue 
per  Capita 

1903 

403,000 

$3,180,000 

$7.90 

1913 

510,000 

5,452,000 

10.70 

1916 

540,000 

6,100,000 

11.30 

1918 

565,000 

6,600,000 

11.65 

1920 

585,000 

7,050,000 

12.00 

1923 

620,000 

7,725,000 

12.40 

It  will  be  noted  that  in  the  ten  years  from  1903  to  1913  the 
yearly  gross  revenues  increased  $2,272,000  or  an  average  in¬ 
crease  of  $227,200  per  year.  From  1913  to  1923  the  increase 
in  gross  revenues  has  been  estimated  to  be  $2,273,000  or  an 
average  increase  of  $227,300  per  year,  which  is  at  approxi¬ 
mately  the  same  rate  as  during  the  past  ten  years. 

The  gross  revenue  per  capita  shows  an  increase  for  the 
first  ten  year  period  of  $2.80  while  during  the  last  ten  year 
period  it  is  assumed  to  be  $1.70.  This  would  seem  to  be  a  very 
conservative  assumption. 

Having  determined  the  probable  gross  receipts  of  The 
Rhode  Island  Company  to  1940  as  shown  on  Plate  IV,  a  dia¬ 
gram,  Plate  V,  was  prepared  on  which  these  total  gross  re¬ 
ceipts  and  the  estimated  expenditures  were  plotted. 

From  the  best  available  sources  the  items  going  to  make  up 
the  total  expenditures  of  the  past  have  been  obtained  and 
plotted  as  far  as  1913. 

A  description  of  the  assumptions  made  to  determine  the 
estimated  expenditures  from  1913  to  1940  as  shown  on  Plate 
V,  follows : 


28 


PLATE  IV. 


PLATE  V. 


Operating  Expenses  during  the  last  six  years  have  varied 
from  55.6  per  cent,  to  63.4  per  cent,  of  the  operating  revenues. 
This  operating  ratio  has  averaged  about  59.3  per  cent,  and  in 
1913  was  58.9  per  cent.  In  determining  the  operating  ex¬ 
penses  after  1913  the  operating  ratio  has  been  assumed  to  in¬ 
crease  from  59  per  cent,  in  1914  to  65  per  cent,  in  1939. 

Taxes  include  the  taxes  on  the  real  estate  and  personal 
property  of  the  company  and  the  franchise  tax  based  on  gross 
earnings.  While  The  Rhode  Island  Company  pays  to  the  City 
of  Providence  a  franchise  tax  for  the  Union  Railroad  Com¬ 
pany  and  the  Providence  Cable  Tramway  Company  of  5  per 
cent,  of  their  gross  earnings,  the  average  franchise  tax  for  the 
whole  Rhode  Island  Company  is  only  4.4  per  cent,  of  its  gross 
income.  This  franchise  tax  has  been  estimated  to  average  4.5 
per  cent,  in  1914  and  thereafter. 

The  taxes  on  real  estate  and  personal  property  have  aver¬ 
aged  2.7  per  cent,  of  gross  earnings  during  the  last  six  years, 
and  have  been  estimated  to  vary  from  3  per  cent,  in  1914  to 
2.5  per  cent,  in  1918  and  thereafter.  The  total  item  for  taxes 
after  1918  has  been  estimated  at  7  per  cent,  of  the  total  gross 
income. 

Rents  of  Leased  Lines  and  Interest  have  been  considered  to¬ 
gether  on  the  diagram.  According  to  the  terms  of  the  leases, 
the  rents  of  the  leased  lines  are  fixed  for  periods  of  either  99 
or  999  years  with  the  single  exception  of  the  Sea  View  Rail¬ 
road  Company.  The  rental  of  this  road  gradually  increases 
until  1922  after  which  date  it  remains  fixed  for  the  remaining 
years  of  the  term  of  its  lease.  The  charge  for  interest  has 
been  assumed  to  increase  about  $1300  in  1914  and  $1000  yearly 
thereafter. 

Dividends  on  a  gradually  increasing  capital  stock  have  been 
assumed  at  the  rate  of  6  per  cent.,  which  is  the  same  as  the 
rate  paid  in  1913.  During  the  last  five  years  dividends  have 
averaged  5.2  per  cent. 

Capital  Stock  has  been  assumed  to  increase  gradually  from 
$9,685,500  in  1913  to  $18,000,000  in  1938.  This  would  prac¬ 
tically  doubled  the  present  capital  stock. 


31 


The  diagram,  Plate  V,  shows  these  expenditures  plotted  in 
order  one  above  the  other  beginning  with  operating  expenses, 
and  followed  by  taxes,  rents  of  leased  lines  and  interest,  and 
dividends.  The  space  remaining  between  the  line  representing 
dividends  and  the  line  of  total  gross  income  represents  the 
yearly  surplus. 

This  yearly  surplus  would  be  available  for  paying  the  sub¬ 
way  rentals.  In  the  following  table  is  given  the  amount  of  the 
yearly  rental  for  each  subway  and  the  year,  ending  June  30, 
in  which  the  operating  company  would  begin  payment  accord¬ 
ing  to  the  program  herein  recommended.  This  rental  has 
been  figured  as  4.5  per  cent,  of  the  net  estimated  cost  of  the 
subways. 


Name 

Estimate 
of  Cost 

Yearly 

Rental 

Year  of 
Beginning 

East  Side  Subway 

$2,250,000 

$101,250 

1917 

South  Side  Subway 

3,550,000 

159,750 

1919 

North  Side  Subway 

2,950,000 

132,750 

1921 

West  Side  Subway 

4,850,000 

218,250 

1924 

Total 

$13,600,000 

$612,000 

These  rentals  have  been  plotted,  on  Plate  V,  in  the  space 
representing  yearly  surplus  in  the  years  when  they  would  be¬ 
come  due. 


It  will  be  seen  that  the  total  rentals  for  any  year  are  not 
in  excess  of  the  yearly  surplus  and  that  notwithstanding  the 
subway  rentals  there  would  be  accumulated  between  the  years 
1913  and  1924  a  considerable  surplus  account  which  would  be 
available  for  any  unusual  expenditures  during  this  period. 
After  1924  the  net  yearly  surplus  will  gradually  increase  as  the 
rental  of  the  proposed  subways  would  remain  substantially  un¬ 
changed. 

A  comparison  of  the  yearly  surplus  before  dividends,  yearly 
surplus,  subway  rentals,  and  net  yearly  surplus  shown  on  dia¬ 
gram,  Plate  V,  are  given  in  tabular  form  below. 


32 


Comparison  op  Yearly  Surplus  and  Yearly  Subway 


Yearly  Sur- 
Date  Year  plus  before 
ending  Dividends  & 

Divi¬ 

rental. 

Yearly  Sur¬ 
plus  before 
Subway 

Total 

Yearly 

Subway 

Net 

Yearly 

June  30th  Sub.  Rental 

dend 

Rental 

Rental 

Surplus 

1908 

$178,421 

0 

$178,421 

0 

$178,421 

1909 

469,207 

5 

43,687 

0 

43,687 

1910 

573,565 

6 

62,941 

0 

62,941 

1911 

601,557 

6 

20,427 

0 

20,427 

1912 

387,699 

3 

97,034 

0 

97,034 

1913 

670,051 

6 

88,921 

0 

88,921 

1914 

740,998 

6 

159,868 

0 

159,868 

1915 

830,767 

6 

189,637 

0 

189,637 

1916 

915,324 

6 

274,194 

0 

274,194 

1917 

962,157 

6 

321,027 

$101,250 

219,777 

1918 

1,046,508 

6 

405,378 

101,250 

304,128 

1919 

1,091,086 

6 

389,956 

261,000 

128,956 

1920 

1,160,958 

6 

459,928 

261,000 

198,828 

1921 

1,202,189 

6 

501,059 

393,750 

107,309 

1922 

1,270,945 

6 

569,815 

393,750 

176,065 

1923 

1,308,830 

6 

547,700 

393,750 

153,950 

1924 

1,382,471 

6 

621,341 

612,000 

9,341 

1925 

1,418,007 

6 

656,877 

612,000 

44,877 

1926 

1,491,532 

6 

670,402 

612,000 

58,402 

1927 

1,522,721 

6 

701,591 

612,000 

89,591 

1928 

1,595,132 

6 

774,002 

612,000 

162,002 

1929 

1,622,974 

6 

722,974 

612,000 

110,974 

1930 

1,694,268 

6 

794,268 

612,000 

182,268 

etc. 

etc. 

etc. 

etc. 

etc.’ 

etc. 

The  above  table  and  diagram  Plate  V.,  demonstrates  the 
ability  of  the  operating  company  to  pay  out  of  its  yearly  sur¬ 
plus  the  rentals  'that  fall  due  during  the  proposed  nine  years 
of  construction  and  the  full  rental  of  the  complete  subway 
system  herein  recommended  in  the  year  ending  June  30,  1924, 
and  thereafter. 

The  reasonableness  of  the  rapid  transit  system  proposed 
for  Providence  is  shown  by  comparing  it  with  the  rapid  transit 
systems  of  other  cities. 


33 


Table:  Showing  Proposed  Investment  Pe:r  Capita  in  Rapid 
Transit  Syste:m  in  Providence:  and  Othe:r  Cities. 


Est. 

Est.  Population 

Total  In- 

City  or 

date 

of  Rapid  vestment  in  Rapid 

Investment 

Metropolitan  of  com- 

Transit  System 

Transit  when 

per  Capita 

District 

pletion 

Recommended 

completed 

City 

Met.  Dist. 

City 

Met.  Dist. 

Providence 

1923 

300,000 

505,000 

$13,600,000 

$45.33 

$26.93 

Boston 

1917 

750,000 

1,410,000 

67,513,900 

90.02 

47.90 

Philadelphia 

1919 

1,800,000 

2,280,000 

69,679,000 

38.71 

30.50 

New  York 

1920 

6,600,000 

— 

447,000,000 

67.75 

- - 

The  above  figures  are  exclusive  of  the  cost  of  the  equip¬ 
ment  of  these  rapid  transit  lines.  Complete  data  in  all  cases 
mentioned  was  not  available  but  it  is  believed  that  the  con¬ 
clusions  are  conservative  and  reliable. 

This  table  shows  that  the  investment  per  capita  in  the  City 
of  Providence  on  completion  of  its  rapid  transit  system  will 
only  be  about  one-half  that  of  Boston,  a  little  more  than  that 
of  Philadelphia  and  about  two-thirds  that  of  New  York. 

Comparing  the  investment  per  capita  of  the  metropolitan 
districts  of  these  cities  shows  that  Providence  would  have 
the  smallest  investment  per  capita  of  any  of  the  cities  men¬ 
tioned. 

In  the  experience  of  Boston  there  is  a  good  illustration  of 
the  proposed  method  of  financing  the  subway  system  herein 
recommended  for  Providence. 

The  following  table  shows  the  status  of  the  sinking  funds 
of  the  four  subways  now  in  operation  in  the  City  of  Boston 
for  the  year  ending  June  30,  1913. 

Condition  op  Sinking  Funds — Boston  Subways. 

For  year  ending  June  30,  1913. 

Sinking  Fund. 


Time 

in 

Amount  of 

°/o  of  In- 

Tremont  St. 

Operation 

Indebtedness 

Amount  debtedness 

Subway 

14  yrs 

10  mos. 

$4,416,000 

$1,521,022 

34.5 

East  Boston 
Tunnel 

8 

a 

6  “ 

3,243,000 

567,136 

17.5 

Washington 
St.  Tunnel 

4 

a 

7  “ 

8,478,000 

708,746 

8.4 

Beacon  Hill 
Tunnel 

1 

u 

3  “ 

1,450,000 

42,861 

2.9 

34 


There  are  three  other  subways  in  Boston  now  in  process  of 
construction,  which  will  cost  as  much,  if  not  more,  than  the 
four  mentioned  in  the  above  table. 

It  should  be  noted,  further,  that  all  the  money  used  in 
building  these  subways  has  been  borrowed  by  the  city,  out¬ 
side  the  debt  limit,  and  the  taxpayer  has  not  been  called  upon 
for  one  dollar. 

All  these  subways  have  been  leased  by  the  city  on  such  terms 
that  the  rental  is  sufficient  to  pay  the  interest  and  the  sinking 
fund  charges. 

A  comparison  of  the  investments  in  capital  stock  and  bonds 
of  The  Rhode  Island  Company  and  its  leased  lines,  in  1914, 
with  that  of  the  West  End  Street  Railway  Company  of  Boston, 
in  1894,  when  work  on  the  first  subway  began,  shows  $32,600,- 
000  invested  in  the  Rhode  Island  companies  and  $24,660,000 
invested  in  the  West  End  Street  Railway  Company. 

In  this  respect  The  Rhode  Island  Company  and  its  leased 
lines  are  at  present  about  32  per  cent,  larger  than  the  Boston 
company  when  the  first  subway  was  begun  in  Boston. 

Another  comparison  is  made  in  the  following  table  which 
gives  the  operating  revenues  and  expenses  together  with  the 
net  operating  revenue  of  the  West  End  Street  Railway  Com¬ 
pany  and  The  Rhode  Island  Company  for  the  years  1894  and 


1913. 

* 

West  End 

Street  Railway 
Company,  1894 

The 

Rhode  Island 
Company,  1913 

Operating  Revenues 

$6,795,481 

$5,322,647 

u 

Expenses 

4,805,606 

3,136,437 

Net  “ 

Revenue 

$1,989,875 

$2,186,210 

This  table  shows  that  the  net  operating  revenue  of  The 
Rhode  Island  Company,  in  1913,  was  $196,335  larger  than 
that  of  the  West  End  Street  Railway  Company  in  1894,  when 
the  subway  work  began  in  Boston. 


35 


Still  another  comparison  can  be  made  between  the  gross  rev¬ 
enue  per  capita  of  the  West  End  Street  Railway  in  1894,  when 
the  first  subway  work  in  Boston  began  and  that  of  The  Rhode 
Island  Company  in  1913  when  the  subway  was  proposed  in 
Providence. 

This  comparison  shows  that  the  gross  receipts  per  capita 
in  Boston  were  $7.80  as  compared  with  $10.70  in  Providence 
or  the  gross  receipts  are  $2.90  per  capita  greater  in  Provi¬ 
dence  in  1913  than  in  Boston  in  1894. 

In  a  previous  table  comparisons  have  been  drawn  between 
Providence  and  several  much  larger  eastern  cities.  There  is 
one  western  city,  Cincinnati,  Ohio,  which  should  be  referred 
to,  however,  as  it  is  considering  a  rapid  transit  system  for 
bringing  its  interurban  lines  into  the  center  of  the  city. 

A  comparison  of  the  estimated  cost  of  the  proposed  rapid 
transit  system,  the  population  of  the  district,  and  the  traffic 
and  revenue  of  the  companies  for  which  the  system  is  designed 
with  that  of  Providence  is  interesting. 

The  principal  points  are  given  in  the  following  table : 


Items 

Cincinnati 

1912 

Providence 

1914 

Area  of  City 

66.35  sq. 
miles 

18.29  sq. 
miles 

Population 

386,000 

250,000 

Population  per  Square  Mile 

5,819 

13,700 

Population 

Metropolitan  District 

City  Proper 

Suburbs 

386,000 

136,600 

250,000 

170,000 

Total 

522,600 

420,000 

Revenue  Passengers  carried 
yearly  about 

14,900,000 

98,000,000 

Transportation 

Revenue 

$1,664,000 

$5,323,000 

36 


Proposed 

System 

Length  of 
Lines 
Miles 

Estimate 

of 

Cost 

Length  of 
Lines 
Miles 

Estimate 

of 

Cost 

Surface 

17.62 

$2,975,812 

— 

— 

Viaduct 

.85 

1,064,582 

— 

Subway  and 
Tunnel 

4.87 

7,243,718 

5.86 

$13,600,000 

Power  Stations 
and 

Miscellaneous 

— 

1,805,746 

— 

— 

Total 

23.34 

$13,089,858 

5.86 

$13,600,000 

Time  of 

completion, 

2  years 

9  y 

rears 

After  studying  the  problem  of  transportation  in  this  city  the 
writer  has  come  to  the  following  conclusions : 

First,  that  the  traveling  public  and  the  business  interests  are 
entitled  to  better  facilities  than  they  now  enjoy; 

Second,  that,  while  the  general  business  of  the  city  would 
find  considerable  relief  by  widening  many  of  its  streets,  the 
transportation  facilities  resulting  would  show  very  little  better¬ 
ment,  and  this  betterment  would  last  only  for  a  very  few  years ; 

Third,  that  a  system  of  subways  properly  designed  for  fu¬ 
ture  extension,  would  give  business  the  needed  relief  and 
would  furnish  the  traveling  public  with  a  most  up-to-date 
rapid  transit  system ; 

Fourth,  that  these  subways  would  be  of  permanent  con¬ 
struction  and  of  sufficient  capacity  to  carry  several  times  the 
present  traffic  of  the  city; 

Fifth,  that  the  City  of  Providence  can  afford  to  build  these 
subways  and  The  Rhode  Island  Company  can  afford  to  lease 
them. 

Acknowledgment  is  here  made  of  the  courtesy  and  assist¬ 
ance  extended  by  the  officers  of  The  Rhode  Island  Company 


37 


and  the  New  York,  New  Haven  and  Hartford  Railroad  Com¬ 
pany  in  furnishing  their  original  records  showing  the  amount 
and  distribution  of  their  passenger  traffic. 


Respectfully  submitted, 


February  28,  1914. 


WILLIAM  W.  LEWIS, 

Consulting  Engineer. 


14  Albion  Street,  Boston,  Massachusetts. 


38 


JOINT  RESOLUTION  OF  THE  CITY  COUNCIL. 


Resolved,  That  the  City  Solicitor  is  hereby  directed  to  make 
application  to  the  General  Assembly  for  the  passage  of  the 
necessary  legislation  to  provide  rapid  transit  in  the  city  of 
Providence,  substantially  in  accordance  with  the  accompany¬ 
ing  draft  act. 


39 


■ 


STATE  OF  RHODE  ISLAND,  PROVIDENCE  PLANTA¬ 
TIONS. 


In  General  Assembly. 

January  Session,  A.  D.  1914. 

AN  ACT  TO  PROVIDE  RAPID  TRANSIT  IN  THE 
CITY  OF  PROVIDENCE. 

It  is  enacted  by  the  General  Assembly  as  follows : 

Section  1.  A  board  of  commissioners,  to  be  known  as  the 
Providence  Transit  Commission,  is  hereby  established  in  and 
for  the  city  of  Providence,  consisting  of  the  mayor  and  the 
•commissioner  of  public  works  of  said  city,  both  ex  officio,  and 
the  seven  persons  who  are  now  the  members  of  the  Committee 
on  Subways  in  said  city,  appointed  by  the  city  council  of  said 
city  under  resolution  number  92,  approved  March  4,  1913. 
The  members  of  said  commission,  who  are  not  ex  officio  mem¬ 
bers  thereof,  shall  hold  office  as  such  members  until  the  first 
Monday  in  January  in  the  year  A.  D.  1915,  and  thereafter  as 
herein  provided.  Said  mayor  as  soon  as  may  be  after  the  pas¬ 
sage  hereof  shall  designate  the  further  terms  of  said  seven 
persons  so  that  two  thereof  shall  hold  office  for  four  years, 
two  for  three  years,  two  for  two  years  and  one  for  one  year 
from  said  first  Monday  in  January,  1915.  On  the  first  Mon¬ 
day  in  January,  A.  D.  1916,  and  annually  thereafter  on  the 
first  Monday  in  January,  the  city  council  of  said  city  shall 
convene  in  joint  convention,  and  at  such  meeting  said  mayor 
shall  appoint,  subject  to  the  approval  of  said  city  council  in 
convention  two  persons  as  members  of  said  commission,  ex¬ 
cept  he  shall  appoint  one  only  when  the  term  of  but  one  mem¬ 
ber  is  expiring,  each  for  the  term  of  four  years.  Whenever 
said  mayor  shall  not  make  or  announce  such  appointment  or 


41 


appointments  to  said  city  council  at  the  beginning  of  such 
meeting,  said  city  council  in  convention  shall  proceed  at  such 
meeting  to  elect  two  persons  or  one  person  as  the  case  may  be 
as  member  or  members  of  said  commission  for  said  term. 
Whenever  said  mayor  shall  make  and  announce  such  appoint¬ 
ment  or  appointments  to  said  city  council  at  such  meeting, 
and  said  city  council  by  vote  at  such  meeting  shall  not  approve 
such  appointment  or  appointments,  said  city  council  in  con¬ 
vention  shall  proceed  at  such  meeting  to  elect  two  persons  or 
one  person  as  the  case  may  be  as  member  or  members  of  said 
commission.  In  case  of  any  failure  to  so  elect,  said  meeting  in 
convention  shall  be  adjourned  from  time  to  time,  but  no  ad¬ 
journment  to  be  for  more  than  three  days  from  the  next  pre¬ 
ceding  date  adjourned  from,  until  such  election  is  made.  The 
members  of  said  commission,  other  than  the  ex  officio  mem¬ 
bers,  shall  duly  qualify  before  acting  as  such  members,  and 
shall  hold  office  until  their  successors  are  appointed  or  elected 
and  qualify  respectively.  If  any  member  of  said  commission 
sjiall  at  any  time  cease  to  be  a  citizen  and  resident  of  said 
city,  his  office  therein  shall  thereupon  be  vacant.  Whenever 
any  vacancy  in  said  commission  shall  occur  for  any  cause, 
within  fourteen  days  and  not  earlier  than  seven  days  there¬ 
after  the  city  council  of  said  city  shall  meet  in  convention,  and 
if  the  city  council  or  either  branch  thereof  is  not  to  be  in  ses¬ 
sion  during  said  period  at  such  time  that  such  meeting  in  con¬ 
vention  may  be  held,  the  mayor  of  said  city  shall  call  a  special 
meeting  of  the  city  council  or  either  branch  thereof  so  that 
such  meeting  in  convention  may  be  held  during  said  period. 
At  such  meeting  in  convention,  said  mayor  shall  appoint,  sub¬ 
ject  to  the  approval  of  said  city  council  in  convention,  some 
person  to  fill  such  vacancy.  Whenever  said  mayor  shall  not 
make  or  announce  any  such  appointment  to  said  city  council 
at  the  beginning  of  such  meeting  said  city  council  in  conven¬ 
tion  shall  proceed  at  such  meeting  to  elect  some  person  to  fill 
such  vacancy.  Whenever  said  mayor  shall  make  and  announce 
any  such  appointment  to  said  city  council  at  such  meeting, 
and  said  city  council  by  vote  at  such  meeting  shall  not  ap¬ 
prove  any  such  appointment,  said  city  council  in  convention 
shall  proceed  at  such  meeting  to  elect  some  person  to  fill  such 
vacancy.  In  case  of  any  failure  to  elect  some  person  to  fill  such 
vacancy,  said  meeting  in  convention  shall  be  adjourned  from 


42 


time  to  time,  but  no  adjournment  to  be  for  more  than  three 
days  from  the  next  preceding  day  adjourned  from,  until  such 
election  is  made.  Said  city  council  from  time  to  time  by 
ordinance  may  change  the  composition,  number  and  tenure  of 
office  of  the  members  of  said  commission,  but  not  so  as  to 
change  the  tenure  of  said  seven  persons  as  original  constituted 
members  thereof,  as  herein  fixed,  and  whenever  it  shall  deem 
that  said  commission  has  completed  its  duties  hereunder  may 
wholly  abolish  such  commission.  Said  city  council  from  time 
to  time  by  ordinance  may  prescribe-  other  and  further  duties 
than  those  prescribed  herein  for  said  commission,  but  not  in¬ 
consistent  herewith,  and  at  any  time  may  amend  or  repeal  any 
such  ordinance.  Said  city  council,  by  a  concurrent  vote  of  a 
majority  of  the  members  elected  to  either  board  and  then  in 
office  voting  in  the  affirmative,  may  remove  any  members  of 
said  commission  from  his  or  their  offices  therein  for  any  mis¬ 
conduct  or  incapacity. 

Ssc  2.  After  the  passage  of  this  act,  and  annually  in  Jan¬ 
uary,  said  commission  shall  choose  one  of  their  number  as 
chairman  of  the  commission,  and  shall  appoint  some  person  not 
a  member  of  said  commission  as  secretary  thereof.  Said  com¬ 
mission  may  adopt  by-laws  regulating  the  transaction  of  busi¬ 
ness  by  the  commission,  but  no  by-law  shall  authorize  any  ac¬ 
tion  by  the  commission  except  by  a  majority  vote  thereof. 
Said  commission  from  time  to  time  may  employ  and  fix  the 
compensation  of  its  secretary  and  such  engineers,  surveyors, 
draughtsmen,  clerks  and  other  employees  as  may  be  necessary 
for  the  efficient  performance  of  its  duties  hereunder,  and  at 
any  time  or  times  may  discontinue  the  employment  of  any  or 
all  such  employees.  Said  commission  shall  cause  to  be  kept 
in  books  of  the  city  a  record  of  all  its  acts  and  proceedings  and 
accurate  accounts  of  all  its  financial  transactions,  and  shall 
annually  in  January  report  to  the  city  council  its  doings  and  a 
summary  at  least  of  its  financial  accounts.  The  city  solicitor 
shall  be  the  legal  adviser  of  said  commission  and  shall  have 
general  charge  for  the  city  of  all  law  proceedings  or  suits  in¬ 
stituted  or  arising  hereunder,  but  in  case  he  considers  it  neces¬ 
sary  or  advisable  he  may  from  time  to  time  designate  assistant 
counsel  to  have  special  charge  of  the  same  and  to  immediately 
advise  and  aid  said  commission  for  such  period  or  periods 
of  time  as  the  city  solicitor  from  time  to  time  may  determine, 


43 


such  special  counsel  to  receive  such  compensation  therefor  as 
said  commission  may  from  time  to  time  determine,  and  such 
compensation  to  be  charged  as  an  expense  of  said  commis¬ 
sion. 

Sec.  3.  Said  commission  shall  make  a  general  plan  or  plans 
of  a  system  of  subways,  to  be  located  within  the  limits  herein¬ 
after  described  in  the  city  of  Providence,  for  the  running  of 
railway  cars  therein,  and  so  designed  as  to  be  adapted  for  use 
by  either  surface  railway  cars  or  by  trains  of  surface,  elevated 
or  subway  cars,  with  suitable  op,en  cuts,  approaches,  entrances, 
exists,  sidings,  spur  tracks,  stations,  elevators,  inclines,  loops, 
connections  and  other  structures  and  with  suitable  connec¬ 
tions  with  existing  or  other  tracks,  and  designed  in  whole  or 
in  any  part  or  parts  for  one,  two,  three  or  four  tracks  as  said 
commission  deems  necessary  or  desirable,  and  of  such  size  as 
shall  in  the  opinion  of  said  commission  be  sufficient  to  accom¬ 
modate  the  largest  cars  that  reasonably  may  be  required  for 
use  in  such,  a  system  of  subways.  Said  commission  may  in¬ 
clude  in  any  such  plan  or  plans  due  provisions  for  locating  or 
constructing  in  connection  with  any  such  subways,  conduits 
pipes  and  other  facilities  for  carrying  high  and  low  tension 
electric  wires  to  be  used  for  telephoning,  telegraphing,  electric 
lighting,  furnishing  electric  power  or  other  purpose  or  pur¬ 
poses.  After  the  completion  of  such  plan  or  plans,  said  com¬ 
mission  shall  submit  the  same  together  with  its  estimates  of 
the  cost  of  the  construction  of  such  subways  to  said  city  coun¬ 
cil  for  its  approval.  Said  city  council  may  reject  or  approve 
any  such  plan  or  plans  or  any  part  or  parts  thereof,  and  may 
have  said  commission  make  and  submit  to  it  any  further  or 
other  plan  or  plans  of  any  subway  or  subways  in  said  city  as 
directed  by  said  city  council. 

Sec.  4.  Said  system  of  subways,  and  any  such  structures 
connected  therewith  for  carrying  said  wires  may  be  located 
through,  across  and  under  any  public  or  private  streets,  alleys, 
squares  or  places  and  public  or  private  lands  within  the  fol¬ 
lowing  described  limits : 

First.  From  a  point  at  or  within  one  thousand  (1000)  feet 
of  the  corner  of  Waterman  and  East  River  streets,  westerly 
by  any  route  to  a  point  at  or  within  one  thousand  (1000)  feet 
of  the  corner  of  Thayer  street  and  Fones  alley  where  a  suit- 


44 


able  connection  with  the  “East  Side  Tunnel”  so-called,  now 
being-  built  by  The  Rhode  Island  Company,  may  be  made  form¬ 
ing  therewith  a  continuous  route. 

Second.  From  a  point  at  or  within  one  thousand  (1000) 
feet  of  the  corner  of  Waterman  and  North  Main  streets,  where 
suitable  connections  with  the  “East  Side  Tunnel”  and  any 
other  subway  authorized  hereunder  may  be  made,  westerly 
by  any  route  to  a  point  at  or  within  one  thousand  (1000)  feet 
of  Olneyville  square. 

Third.  From  a  point  at  or  within  one  thousand  (1000) 
feet  of  the  corner  of  Broad  street  and  Elmwood  avenue  north¬ 
erly  by  any  route  within  twelve  hundred  (1200)  feet  of  Broad 
street  or  Westminster  street  to  a  point  at  or  within  twelve  hun¬ 
dred  (1200)  feet  of  the  corner  of  Waterman  and  North  Main 
streets,  where  suitable  connections  with  the  “East  Side  Tun¬ 
nel”  and  any  other  subway  authorized  hereunder  may  be  made. 

Fourth.  From  a  point  at  or  within  twelve  hundred  (1200) 
feet  of  the  corner  of  Waterman  and  North  Main  streets, 
where  suitable  connections  with  the  “East  Side  Tunnel”  and 
any  other  subway  authorized  hereunder  may  be  made,  north¬ 
erly  by  any  route  within  twelve  hundred  (1200)  feet  of  North 
Main  street  to  a  point  at  or  within  one  thousand  (1000)  feet 
of  the  junction  of  Branch  avenue  and  North  Main  street. 

Any  such  subway  or  subways  or  any  such  structures,  appur¬ 
tenances  or  facilities  in  whole  or  in  any  part  or  parts  may  be 
located,  constructed,  maintained  and  operated  in  or  under  any 
public  squares,  streets  or  highways  or  public  lands  within 
said  limits  in  said  city  of  Providence  without  compensation 
therefor,  but  no  entrance  or  exit  to  any  such  subway  or  other 
appurtenance  thereof  or  structure  connected  therewith  shall 
be  so  located  in  any  such  square,  street  or  highway  as  to 
materially  and  permanently  interfere  with  the  surface  use  of 
such  square,  street  or  highway ;  or  so  as  to  materially  and 
permanently  interfere  with  surface  access  to  any  estate  ad¬ 
joining  such  square,  street  or  highway  without  due  compen¬ 
sation  for  such  interference  with  such  access.  The  location, 
construction,  maintenance  and  operation  of  such  subway  or 
subways  and  any  such  structures,  appurtenances  or  facilities 
under  the  surface  of  any  public  square,  street  or  highway  under 


45 


the  provisions  of  this  act  shall  not  be  deemed  thereby  to  impose 
an  additional  servitude  upon  any  lands  wihin  or  abutting  upon 
such  square,  street  or  highway. 

Sec.  5.  Whenever  said  city  council  at  any  time  or  from 
time  to  time  shall  approve  any  plan  or  plans  for  any  such  sys¬ 
tem  of  subways,  or  for  any  subway  or  subways,  within  any 
such  limits  in  said  city,  said  commission  is  hereby  authorized 
to  negotiate  and  agree  in  the  name  and  behalf  of  said  city  with 
any  railway  company  or  companies  now  or  hereafter  existing 
for  the  sole  or  exclusive  use  of  any  such  subway  or  subways 
for  the  running  of  cars  therein  and  for  such  minor  uses  as 
hereinafter  provided  as  may  be  agreed  upon  by  said  commis¬ 
sion  and  such  company  or  companies,  upon  the  terms  and  con¬ 
ditions  and  within  the  limitations  herein  prescribed,  and  upon 
such  further  terms  and  conditions  consistent  with  the  provi¬ 
sions  of  this  act  as  said  commission  and  such  company  or 
companies  may  agree :  provided,  that  no  such  agreement  shall 
bind  said  city  of  Providence  or  have  any  legal  effect,  unless 
the  draft  of  the  agreement  shall  be  first  submitted  to  said  city 
council,  and  said  city  council  by  resolution  or  ordinance  shall 
have  first  approved  the  same  and  the  making  of  such  contract 
with  such  company  or  companies ;  and  provided  further  that  no 
such  agreement  shall  prevent  said  city,  if  the  plan  for  such 
subway  or  subways  includes  provision  for  locating  therein  or 
in  connection  therewith  conduits,  pipes  and  other  facilities  for 
carrying  said  high  and  low  tension  electric  wires,  from  grant¬ 
ing  the  privilege  or  privileges  therefor  to  any  other  company 
or  companies,  person  or  persons. 

Sec.  6.  Any  such  agreement  or  contract  with  such  com¬ 
pany  or  companies  for  such  use  of  any  such  subway  or  sub¬ 
ways  for  said  railway  and  minor  purposes  shall  be  for  a  term 
ending  riot  later  than  the  first  day  of  July,  A.  D.  1932,  but  said 
city  may,  by  action  of  the  city  council  or  other  duly  authorized 
body  thereof  taken  at  any  time  after  the  year  A.  D.  1930,  and 
not  before,  extend  the  term  of  such  agreement  or  contract,  or 
make  a  new  contract  with  such  contracting  company  or  com¬ 
panies,  or  with  any  other  such  company  or  companies  for  such 
use  for  any  term  not  exceeding  twenty-five  (25)  years  from 
and  after  said  first  day  of  July,  A.  D.  1932,  and  from  time  to 
time  thereafter  said  city  acting  by  its  city  council  or  other 


46 


duly  authorized  body  may  contract  with  any  such  company  or 
companies  for  such  use  for  any  term  not  exceeding  twenty- 
five  years,  but  during  the  running  of  any  such  term  no  new 
contract  for  any  further  period  of  time  shall  be  made,  at  any 
time  prior  to  eighteen  months  next  preceding  the  expiration  of 
such  running  term. 

The  rent  under  the  original  contract  for  said  initial  term 
shall  be  for  the  first  period  of  five  years  of  said  initial  term 
not  less  than  four  (4)  per  centum  per  annum,  and  for  the 
second  period  of  five  years  of  said  initial  term  not  less  than 
four  and  one-quarter  (4  1-4)  per  centum  per  annum,  and  for 
all  subsequent  periods  of  time  during  said  term  not  less  than 
four  and  one-half  (4  1-2)  per  centum  per  annum,  on  the  net 
cost  of  such  subway  or  subways  as  determined  in  accordance 
herewith.  The  use  of  such  subway  or  subways  by  such  con¬ 
tracting  company  or  companies  shall  be  deemed  to  begin  when 
a  reasonable  time  after  completion  has  been  allowed  for  the 
equipment  thereof,  and  the  rent  shall  begin  at  the  time  such 
use  is  deemed  to  begin  hereunder.  Such  annual  rent  shall  be 
payable  in  equal  quarterly  payments  during  each  year,  and  at 
the  same  rate  for  any  uncompleted  quarter  year.  The  rent  for 
any  term  not  herein  provided  for  shall  be  such  amount  per  year 
as  may  be  fixed  by  said  city  council  or  other  body  duly  author¬ 
ized  to  act  for  said  city,  and  shall  be  payable  quarterly  as 
aforesaid. 

Sec.  7.  The  net  cost  of  such  subway  or  subways  shall  in¬ 
clude  all  costs  and  expenses  of  said  city  in  acquiring  and  con¬ 
structing  such  subway  or  subways  and  the  appurtenances 
thereof  and  all  facilities  provided  for  the  use  thereof,  includ¬ 
ing  the  cost  and  expenses  of  all  preliminary  investigations 
heretofore  made  by  said  city  council  committee,  or  hereafter 
made  by  said  commission  under  the  authority  hereof,  and  all 
sums  paid  by  said  city  by  way  of  damages  for  property  taken 
or  injured  or  for  personal  injuries  suffered,  and  all  building 
costs,  and  the  expenses  of  said  commission  hereunder,  and 
also  such  interest  at  the  rate  of  four  per  centum  per  an-- 
num,  as  shall  have  accrued  up  to  the  time  when  the  use  of 
such  subway  or  subways  is  deemed  to  begin  as  aforesaid  and 
such  rent  begins,  on  all  sums  paid  by  said  city  in  acquiring  and 
constructing  such  subway  or  subways  arid  appurtenances  and 


47 


facilities.  From  the  total  of  such  costs  and  expenses  shall  be 
deducted  the  extra  cost,  of  constructing  in  or  in  connection 
with  such  subway  or  subways,  said  conduits  pipes  and 
facilities  for  carrying  said  electric  wires,  over  and 
above  the  cost  of  building  such  subway  or  subways 
without  the  same ;  and  there  shall  also  be  deducted 
therefrom  the  fair  then  sale  value  of  any  portion  of 
any  real  estate  acquired  for  any  of  the  purposes 
hereof  which  is  found  not  to  be  wholly  or  permanently  needed 
for  such  use ;  and  the  balance  shall  constitute  such  net  cost. 
Upon  the  completion  of  such  subway  or  subways  and  from 
time  to  time  thereafter  if  any  expenditures  are  made  thereafter 
by  said  city  on  account  of  such  costs  and  expenses,  said  com¬ 
mission  shall  decide  upon  the  amount  of  such  net  cost  and  shall 
file  with  the  city  auditor  of  said  city  its  statement  thereof,  and 
shall  give  written  notice  of  such  filing  to  the  contracting  com¬ 
pany  or  companies.  In  case  any  company  or  companies  con¬ 
tracting  for  the  use  of  such  subway  or  subways  for  such 
initial  term  shall  object  to  such  decision  of  said  commission, 
it  or  they  may  within  thirty  days  after  receiving  such  notice 
appeal  therefrom  to  the  Superior  Court  within  and  for  the 
county  of  Providence,  and  its  decision  thereon  shall  be  final 
and  binding  upon  the  parties.  Such  net  cost  as  determined  by 
said  commission,  or  on  such  appeal  by  said  court,  shall  be  the 
net  cost  of  such  subway  or  subways,  on  which  said  minimum 
rent  reservations  are  based  hereunder. 

Sex.  8.  In  any  agreement  with  any  such  contracting  com¬ 
pany  or  companies  it  may  be  provided  that  the  company  or 
companies  may  place  and  maintain  during  the  term  of  the 
contract  in  such  subway  or  subways  booths  for  the  sale  of 
newspapers,  magazines,  periodicals  and  books,  and  may  make 
such  other  minor  use  or  uses  of  the  subway  or  subways  not 
impairing  the  use  for  transportation  of  passengers  as  said 
commission  or  other  authorized  representatives  of  said  city 
may  from  time  to  .time  approve ;  provided  that  such  booths  and 
any  means  of  such  other  minor  uses  shall  not  be  so  placed  or 
used  as  to  diminish  or  impair  the  safety,  accommodation,  con¬ 
venience  or  comfort  of  passengers  using  such  subway  or  sub¬ 
ways  ;  and  upon  receipt  of  notice  in  writing  at  any  time  or 
from  time  to  time  from  said  commission  or  other  authorized 
representatives  of  said  city  that  in  its  or  their  opinion  any  of 


48 


said  minor  uses  either  in  whole  or  in  part  in  any  way  diminish 
or  impair  such  safety,  accommodation,  convenience  or  com¬ 
fort,  or  conflict  in  any  way  with  the  best  interests  of  the  public, 
such  company  or  companies  shall  forthwith,  to  the  extent 
specified  in  such  notice,  discontinue  such  use.  If  any  adver¬ 
tisements  should  be  permitted  hereunder  to  be  placed  in  such 
subway  or  subways,  the  subject  matters  and  means  of  display 
shall  be  subject  to  all  the  laws  of  the  state  and  ordinances  of 
said  city  now  or  hereafter  passed  specially  regulating  the  same, 
or  in  the  absence  of  such  special  regulations,  generally  regu¬ 
lating  advertising  in  or  near  public  streets  or  places,  so  far  as 
reasonably  applicable  thereto,  and  subject  to  all  special  rules 
and  regulations  adopted  from  time  to  time  by  said  commission 
or  other  authorized  representatives  of  said  city  for  controlling 
the  same.  Any  such  use  for  any  advertisements  shall  be 
granted  subject  to  the  right  of  either  said  commission  or  the 
city  council  of  said  city  to  revoke  the  same  at  any  time  upon 
thirty  days  prior  notice  thereof  to  the  contracting  company 
or  companies.  Except  as  above  provided,  such  company  or 
companies  shall  not  have  the  right  to  place  in  such  subway  or 
subways  or  attach  thereto  any  structures,  machinery,  mer¬ 
chandise,  apparatus,  advertisements  or  property  of  any  sort, 
which  are  not  necessary  or  proper  for  the  operation  of  its  rail¬ 
road  therein. 

Sec  9.  Said  city  may  place  in  any  such  subway  or  sub¬ 
ways,  or  in  or  on  any  conduits,  pipes  or  facilities  for  carry¬ 
ing  electric  wires  built  in  connection  therewith,  such  wires 
and  apparatus  as  may  be  necessary  for  its  police  and  fire  alarm 
services,  but  the  location,  construction,  maintenance  and  re¬ 
pair  of  such  wires  and  apparatus  shall  be  subject  to  such  di¬ 
rections  and  regulations  as  said  commission  or  said  city  council 
shall  prescribe,  so  that  the  use  of  such  subway  or  subways  by 
such  company  or  companies  shall  not  be  interfered  with. 

Sec.  10.  If  the  plan  for  such  subway  or  subways  includes 
provision  for  locating  therein  or  in  any  structure  in  connection 
therewith  conduits,  pipes  and  other  facilities  for  carrying  such 
high  and  low  tension  electric  wires,  said  commission,  in  the 
name  and  behalf  of  said  city,  from  time  to  time  may  agree  with 
any  person  or  corporation  now  or  hereafter  existing,  using  or 
authorized  to  use  and  maintain  electric  wires  or  conduits,  pipes 


49 


or  other  facilities  for  carrying  high  or  low  tension  electric 
wires  along  the  route  of  such  subway  or  subways  or  any  parts 
thereof,  that  it  may,  for  an  annual  rent  to  be  paid  to  said  city 
in  equal  quarterly  installments,  place  and  maintain  such  wires, 
conduits,  pipes  or  other  facilities  in  such  subway  or  subways, 
or  in  any  structure  in  connection  therewith,  for  any  term 
not  exceeding  twenty  years  and  upon  such  terms  and  condi¬ 
tions  as  to  the  location,  construction,  maintenance  and  repair 
of  the  same  as  said  commission  in  such  agreement  may  pre¬ 
scribe,  and  subject  to  such  further  directions  and  regulations 
as  said  commission  or  other  authorized  representatives  of 
said  city  from  time  to  time  may  prescribe  to  regulate  such  use 
thereof  and  to  prevent  such  use  from  impairing  the  use  of 
such  subway  or  subways  for  the  transportation  of  passengers : 
provided  that  no  such  agreement  shall  bind  said  city  of 
Providence  or  have  any  legal  effect,  unless  the  draft  of  the 
agreement  shall  be  first  submitted  to  said  city  council  and 
said  city  council  by  resolution  or  ordinance  shall  have  first 
approved  the  same,  and  the  making  of  such  contract  with 
such  person  or  corporation. 

Sec.  11.  Whenever  the  city  council  of  said  city  shall  ap¬ 
prove  any  plan  or  plans  for  any  such  subway  or  subways, 
and  any  such  agreement  for  the  use  thereof  by  any  such  rail¬ 
way  company  or  companies  shall  have  been  approved  by  said 
city  council,  and  such  agreement  shall  have  been  executed 
and  delivered  and  an  original  executed  copy  thereof  lodged 
with  the  city  auditor  of  said  city,  said  city  shall  proceed  to 
acquire  the  necessary  lands  therefor,  and  said  commission 
from  time  to  time  may  acquire  by  purchase  for  and  in  the 
name  of  said  city,  and  said  city  may  hold  and  use  such  lands 
and  such  estates,  easements,  rights  and  interests  in  lands  as 
are  necessary  or  desirable  for  such  subway  or  subways  and  the 
appurtenances  and  facilities  for  such  use  or  uses  thereof,  in¬ 
cluding  any  structure  for  such  conduits,  pipes  and  facilities 
for  carrying  such  high  and  low  tension  electric  wires ;  provided, 
however,  that  said  commission  shall  not  make  any  contract 
for  any  such  purchase  until  said  city  council  shall  have  first 
made  due  provision  for  supplying  the  necessary  funds  there¬ 
for. 


50 


Sec.  12.  Said  city  of  Providence  is  hereby  authorized 
from  time  to  time  and  in  the  manner  hereinafter  provided  to 
acquire  by  condemnation  any  lands  improved  or  unimproved, 
and  any  estates,  easements,  rights  and  interests  in  any  lands 
situated  within  the  described  limits  or  included  in  the  locations 
authorized  under  Section  4  hereof,  or  any  part  or  parts  of 
any  of  the  same,  and  which  the  city  council  of  said  city  deems 
necessary  for  the  location,  construction,  maintenance  and 
operation  of  any  such  subway  or  subways  and  said  open  cuts, 
approaches,  entrances,  exits,  stations,  elevators,  inclines,  loops, 
connections  and  other  structures  and  appurtenances  and  facili¬ 
ties  for:  the  use  of  such  subway  or  subways,  or  of  any  part 
or  parts  of  any  such  subway  or  subways,  or  of  any  such 
structures,  appurtenances  or  facilities,  and  such  taking  may 
be  for  the  further  purpose  of  locating,  constructing,  main¬ 
taining  and  operating  any  conduits,  pipes  and  other  facilities 
for  carrying  such  high  and  low  tension  electric  wires  in  such 
subway  or  subways  or  in  or  on  any  structure  built  in  con¬ 
nection  therewith.  Said  city  may  take  any  such  lands  in  fee 
simple  or  any  estate,  easement,  right  or  interest  in  any  such 
lands  absolutely.  Such  taking,  whether  of  the  fee  simple  or 
of  a  lesser  estate  or  other  right,  may  be  made  whether  the 
lands  taken  were  acquired  by  or  or  are  held  by  title  derived 
under  eminent  domain  or  otherwise,  or  are  held  or  used  for 
any  public  or  quasi-public  purpose.  No  property  of  the  State 
shall  be  taken  hereunder. 

Whenever  said  city  council  deems  that  the  taking  of  a  fee 
simple,  or  any  easement,  or  any  other  estate  or  right  in  any 
land  or  other  property,  or  that  the  taking  of  an  entire  lot  or 
any  part  thereof,  with  or  without  other  property  thereon  sit¬ 
uated,  is  reasonably  necessary  for  the  proper  and  economical 
accomplishment  of  any  of  the  purposes  of  this  act,  such  fee 
simple  or  easement  or  other  estate  or  right,  or  the  entire  lot 
or  any  part  thereof  as  aforesaid,  may  be  taken  although  an 
estate  or  right  less  than  that  taken,  or  a  portion  only  of  tihe 
property  taken  will  be  needed  permanently  for  the  purposes 
of  this  act.  A  taking  of  property  under  this  act  may  be  made 
by  said  city  although  the  property  taken  or  any  part  thereof 
is  to  be  used  merely  temporarily  for  the  accomplishment  of 
the  purposes  of  this  act.  A  taking  under  this  act  of  an  ease¬ 
ment  or  other  estate  or  right  in  a  given  parcel  of  land,  whether 


51 


such  parcel  consists  of  unimproved  land  or  of  land  and  build¬ 
ings  and  improvements,  may  be  confined  to  a  portion  or  sec¬ 
tion  of  such  parcel  fixed  by  planes  or  other  surfaces  of  division, 
below,  above  or  at  the  surface  of  the  soil,  and  in  such  case 
•it  shall  not  be  necessary  that  any  taking  be  made  of  upper  or 
lower  portions  or  sections,  except  of  such  easements  therein 
if  any,  as  said  city  council  may  deem  necessary. 

Sec.  13.  Whenever  the  city  council  of  said  city  shall  ap¬ 
prove  any  plan  or  plans  for  any  such  subway  or  subways,  and 
any  such  agreement  for  the  use  thereof  by  any  such  company 
or  companies  shall  have  been  approved  by  said  city  council, 
said  city  shall  proceed  to  construct  in  and  under  the  lands  as 
authorized  or  acquired  such  subway  or  subways  and  the  ap¬ 
purtenances  thereof  and  any  other  structures  and  facilities 
connected  therewith,  in  accordance  with  such  approved  plan 
or  plans  thereof,  and  said  commission  shall  proceed  as  soon 
as  may  be  to  execute  such  approved  plan  or  plans  and  any 
changes  or  modifications  thereof  which  may  at  any  time  be 
made  by  said  city  council  and  such  contracting  company  or 
companies,  and  said  commission  shall  have  authority  in  the 
name  and  behalf  of  said  city  to  make  any  and  all  necessary 
contracts  therefor. 

All  work  and  materials  required  for  such  construction  or 
any  other  construction  authorized  or  required  under  this  act 
shall  be  procured  by  contract  made  pursuant  to  and  in  manner 
required  by  the  provisions  hereof  except  as  hereinafter  other¬ 
wise  provided.  Relative  to  every  contract  for  the  performance 
of  any  work  or  the  furnishing  of  any  materials,  or  both,  or 
for  the  purchase  of  any  supplies  or  personal  property  of  any 
kind,  the  cost,  price  or  consideration  of  which  may  exceed 
five  hundred  dollars  said  commission  shall  prepare  proper 
specifications  and  any  requisite  plans  thereof  set  forth  with 
sufficient  detail  to  inform  all  persons  proposing  to  bid  of  the 
nature  of  the  work  to  be  done  and  of  the  materials  or  sup¬ 
plies  to  be  furnished,  and  shall  deliver  written  or  printed 
copies  of  the  same  to  all  applicants  therefor;  and  shall  ad¬ 
vertise  for  bids  in  the  newspapers  employed  to  do  the  city 
advertising  and  in  such  other  newspapers  publish¬ 
ed  outside  the  city  as  said  commission  may  deter¬ 
mine  ;  and  shall  let  such  contract  to  such  bidder 


52 


or  bidders  who  will  give  adequate  security  satisfactory  to 
said  commission  for  the  performance  of  their  contract  as  said 
commission  shall  in  its  discretion  determine  after  consid¬ 
ering  the  relative  competency  and  responsibility  of  the  bid¬ 
ders  and  the  amounts  of  their  respective  bids ;  unless  in  any 
case  said  city  council  shall  otherwise  order,  or  unless  in  any 
case  said  commission  shall,  by  a  two-thirds  vote  of  the  whole 
number  of  the  members  thereof,  determine  that  it  is  impracti¬ 
cable  to  procure  such  work  or  materials  or  both  by  contract, 
or  to  effect  such  purchase  through  competitive  bidding,  or  that 
the  best  interests  of  the  city  require  that  the  same  be  procured 
■or  effected  in  some  other  manner,  or  unless  a  case  of  emergen¬ 
cy  shall  arise  due  to  accident,  injury  or  other  cause  which  re¬ 
quires  immediate  action  by  said  commission,  but  in  each  such 
excepted  case  said  commission  shall  cause  to  be  recorded  in 
the  records  of  its  proceedings  its  reasons  therefor.  Relative 
to  such  bidding,  bids  and  contracts,  all  the  provisions  of  Sec¬ 
tion  4  of  Chapter  391  of  the  Ordinances  of  said  city,  entitled 
“An  Ordinance  Creating  a  Board  of  Contract  and  Supply  and 
Defining  its  Powers  and  Duties,”  approved  April  16,  1909, 
including  the  bond  provisions  therein,  shall  apply. 

Every  contract  for  work  or  materials  made  by  said  com¬ 
mission  under  the  authority  of  this  act  shall  be  made  or  evi¬ 
denced  in  writing,  and  signed  by  the  contractor  and  a  majority 
of  the  commission,  and  no  such  contract  shall  be  altered  ex¬ 
cept  by  an  agreement  in  writing  signed  by  the  contractor  and 
a  majority  of  the  commission,  and  also  by  the  sureties,  if  any, 
on  the  bond  of  the  contractor  for  the  performance  of  the  con¬ 
tract,  and  no  contract  or  alteration  of  any  contract  therefor 
shall  be  valid  or  binding  on  said  city  unless  made  and  execut¬ 
ed  as  aforesaid.  No  such  contract  shall  be  made  until  said 
city  council  shall  have  made  due  provision  for  supplying  the 
necessary  funds  therefor,  or  the  estimated  amount  required 
if  the  contract  depends  upon  an  indefinite  amount  of  work  to 
be  done  or  is  otherwise  uncertain.  Every  such  contract  and 
agreement  shall  be  in  such  form  as  shall  be  satisfactory  to 
the  city  solicitor  or  such  special  counsel.  Every  such  con¬ 
tract  shall  be  executed  in  triplicate,  one  of  such  originals  for 
the  contractor,  one  to  be  filed  with  said  board  and  the  other 
with  the  city  auditor. 


53 


No  member  of  said  commission  and  no  engineer  or  other 
person  employed  by  said  commission  shall  have  any  personal 
interest  in,  or  be  or  become  directly  or  indirectly  personally 
interested  or  concerned  for  himself  or  others,  or  by  any  others 
in  trust  for  him  or  on  his  account,  or  as  principal,  agent  or 
otherwise,  in  any  contract,  agreement,  purchase,  sale  or  lease 
made  by  said  commission  in  behalf  of  said  city ;  and  said 
commission  shall  not  make  any  contract  or  agreement  with 
or  any  purchase,  sale  or  lease  from  or  to  any  copartnership, 
corporation  or  joint  company,  in  which  any  such  member, 
engineer  or  other  employee  is  interested  as  a  partner,  stock¬ 
holder  or  in  any  other  manner,  except  any  public  service  com¬ 
pany  for  its  services  or  commodities  which  are  regulated  or 
subject  to  regulation  by  law;  and  any  contract,  agreement, 
purchase,  sale  or  lease  made  in  violation  hereof  shall  be  void. 

Sec.  14.  All  work  done  under  this  act,  within  one-half  mile 
of  the  City  Hall,  under  or  near  public  streets,  squares,  and 
places,  shall  be  conducted  so  far  as  may  be  practicable,  in  such 
manner  as  to  leave  such  streets,  squares  and  places,  or  a  rea¬ 
sonable  part  thereof,  open  for  traffic  between  the  hours  of 
seven  o’clock  in  the  forenoon  and  six  o’clock  in  the  afternoon 
on  each  secular  day,  except  legal  holidays,  and  all  work  more 
than  one-half  mile  away  from  the  City  Hall  shall  be  conducted 
in  such  manner  as,  in  the  judgment  of  the  commission,  will 
give  reasonable  accommodation  to  the  regular  traffic  and  the 
fire  engines  and  apparatus. 

Sec.  15.  Relative  to  the  construction  of  any  such  subway 
or  subways  and  the  appurtenances  thereof  and  facilities 
therefor  in  the  particular  location  or  locations 
shown  on  the  construction  contract  plan  or  plans, 
said  commission  acting  for  said  city,  having  given 
any  such  notice  as  may  be  required  by  law  or  con¬ 
tract,  from  time  to  time  may  order  the  temporary  re¬ 
moval  or  relocation  of  any  surface  tracks,  and  the  temporary 
or  permanent  removal  or  relocation  of  any  sewers,  conduits, 
pipes,  wires,  poles  or  other  property  of  any  person  or  corpo¬ 
ration  which  interferes  with  such  construction,  such  removal 
or  relocation  to  be  made  within  a  reasonable  time  to  be  fixed 
in  such  order,  and  at  the  same  time  so  far  as  is  practicable 
shall  grant  new  locations  in  the  public  highways  or  lands  of 


54 


said  city  for  any  such  structures  ordered  removed  or  relocated 
which  are  situated  in  any  public  highways  or  lands  of  said  city. 
Any  person  or  corporation  aggrieved  by  any  such  order  may 
appeal  therefrom  to  the  Superior  Court  for  the  county  of 
Providence  within  fifteen  days  from  the  date  notice  of  such 
order  is  given  it  by  said  commission,  and  as  soon  as  may  be 
said  court  after  giving  the  parties  opportunity  to  be  heard 
shall  determine  whether  such  removal  or  relocation  is  reason¬ 
ably  necessary  to  accomplish  the  purposes  of  this  act  and 
whether  the  time  provided  is  reasonable  therefor,  and  in  ac¬ 
cordance  with  its  findings  shall  confirm,  quash  or  modify  such 
order  or  enter  such  new  order  as  is  necessary  as  aforesaid. 
In  case  any  owner  of  any  such  structures  shall  fail  to  comply 
with  such  order  of  said  commission,  or  on  appeal  with  such 
order  as  confirmed,  modified  or  made  by  said  court,  said  com¬ 
mission  acting  for  said  city  may  discontinue  and  remove  such 
tracks,  conduits,  pipes,  wires,  poles  or  other  property,  and  may 
relocate  the  same.  No  such  discontinuance,  removal  or  re¬ 
location  of  any  such  structures  situated  in  any  public  high¬ 
ways  or  public  lands  shall  entitle  the  owner  of  the  property 
thus  affected  to  any  damages  on  account  thereof,  except  to 
any  extent  that  any  such  owner  has  any  contract  right  with 
the  state  or  said  city  inconsistent  therewith,  and  any  expense 
of  said  city  on  account  of  any  such  discontinuance,  removal  or 
relocation  done  by  said  commission,  shall  be  repaid  to  said  city 
by  the  owner  except  as  aforesaid.  If  any  such  structures 
situated  in  or  upon  private  lands  are  removed  or  relocated 
hereunder  by  the  owner,  the  reasonable  cost  thereof  shall  be 
paid  to  him  by  said  city,  or  if  said  commission  discontinues,  re¬ 
moves  or  relocates  the  same,  the  expense  shall  be  borne  by 
said  city.  Any  person  entitled  to  any  sum  of  money 
from  said  city  as  aforesaid,  or  to  any  damages  on  ac¬ 
count  of  any  such  discontinuance,  removal  or  reloca- 
ion,  whether  made  by  said  commission  or  by  him  pur¬ 
suant  to  any  order,  may,  if  the  amount  of  the  same 
is  not  agreed  upon  and  paid  by  said  city,  recover 
the  same  of  said  city  in  an  action  of  the  case  brought  in  the 
Superior  Court  within  and  for  the  county  of  Providence  with¬ 
in  two  years  from  the  time  such  cause  of  action  accrues  and 
not  thereafter.  Said  commission  may  agree  for  said  city  with 
such  person  upon  the  amount  of  the  sum  due  or  of  said 


55 


damages,  whereupon  the  same  shall  be  promptly  paid  to  him 
by  said  city.  Any  gas  or  electric  lighting  company  may  shut 
off  the  gas  or  current  from  any  pipes  or  wires  affected  by  any 
acts  done  hereunder,  so  far  as  may  be  necessary  to  avoid 
danger  of  escape  or  explosion  of  gas,  or  other  public  danger. 
Said  commission  shall  remove  any  sewers,  conduits,  pipes, 
wires,  poles  or  other  property  of  said  city  which  interferes 
with  any  such  construction,  and  shall  relocate  and  reconstruct 
the  same  in  the  public  highways  or  lands  of  said  city,  but  not 
until  after  it  has  conferred  with  the  officer  or  officers  of  the 
city  having  the  immediate  charge  thereof.  All  costs  and  ex¬ 
penses  of  said  city  hereunder  shall  be  included  as  part  of 
the  cost  of  such  subway  or  subways,  and  as  part  of 
the  costs  to  defray  which  said  city  is  authorized  to  hire  money 
as  hereinafter  provided. 

Sec.  16.  In  connection  with  the  plan  of  any  subway  au¬ 
thorized  hereunder,  said  city  may  change  the  location,  width 
or  grade  of  any  public  highway,  alley  or  square  or  of  any  pri¬ 
vate  way  of  any  kind,  and  may  change  the  grade  of  the  bot¬ 
tom  of  the  Moshassuck  river  or  of  the  Woonasquatucket  river 
or  of  the  Providence  river  at  any  point  north  of  the  Weybosset 
bridge.  Relative  to  any  such  proposed  change,  said  commis¬ 
sion  shall  prepare  a  description  of  such  change  and  any  lands 
to  be  taken  therefor  or  affected  thereby,  and  also  a  plat  show¬ 
ing  the  same,  together  with  a  list  of  the  owners  of  such  lands 
so  far  as  known  to  said  commission,  and  shall  submit  such 
description  and  plat  together  with  such  list  to  said  city  council 
for  its  action  on  such  proposal.  If  such  change  is  approved 
by  said  city  council,  said  city  council  within  three  months  from 
the  date  of  the  passage  of  its  resolution  to  make  such  change 
and  take  any  lands  needed  therefor,  shall  cause  to  be  filed  in 
the  office  of  the  recorder  of  deeds  in  said  city  a  statement 
describing  such  change  and  such  lands  taken  therefor  or  af¬ 
fected  thereby  and  specifying  the  nature  and  extent  of  the 
title  taken  in  any  such  lands  by  said  city,  and  stating  that  the 
change  is  made  and  that  any  lands  taken  are  taken  pursuant  to 
the  provisions  of  this  act,  and  also  to  be  filed  in  such  office 
a  plat  showing  such  change  and  any  such  land  or  lands  taken 
therefor  or  affected  thereby.  Upon  the  filing  of  such  state¬ 
ment  and  plat,  the  title  of  any  such  land  or  lands  taken  there¬ 
for  shall  vest  in  said  city  to  the  extent  and  according  to  the 

56 


nature  of  the  title  therein  taken.  Notice  of  such  change  and 
any  such  taking  shall  be  given  by  the  city  clerk  and  shall  be 
served  by  the  city  sergeant  of  said  city  upon  the  owners  of 
and  persons  interested  in  such  lands  taken  therefor  or  affected 
thereby  in  the  same  manner  as  herinafter  provided  relative 
to  the  taking  of  lands  for  such  subway.  Any  such  owner  or 
person  whose  land  or  interest  in  land  is  taken  hereunder,  or 
whose  estate  or  interest  in  any  lands  abutting  on  the  part  of 
any  such  public  or  private  way  or  river  where  such  change  is 
made,  is  damaged  by  such  change,  if  the  amount  of  his 
damages  for  such  taking  or  such  change  is  not  agreed  upon 
and  paid  by  said  city,  may  recover  the  same  of  said  city  in  the 
same  manner  and  by  the  same  course  of  procedure  as  herein¬ 
after  provided  relative  to  the  taking  of  lands  for  such  subtvay. 
All  costs  and  expenses  of  said  city  hereunder  shall  be  included 
as  part  of  the  cost  of  such  subway,  and  as  part  of  the  costs  to 
defray  which  said  city  is  authorized  to  hire  money  as  herein¬ 
after  provided. 

Sec.  17.  Said  city  from  time  to  time  may  sell  or  lease  any 
parts  of,  or  estates  or  interests  in,  any  lands,  buildings  or  other 
property  acquired  or  taken  by  said  city  hereunder,  whenever 
said  city  council,  as  advised  by  said  commission  or  otherwise, 
shall  find  that  the  same  is  not  further  needed  for  the  purposes 
of  this  act. 

Sec.  18.  Said  commission  and  the  engineers,  surveyors  and 
other  agents  or  servants  of  said  commission  are  hereby  au¬ 
thorized  to  enter  upon  any  lands  or  waters  within  said  limits 
for  the  purpose  of  making,  and  to  make,  any  examinations, 
investigations  or  surveys  required  for  the  efficient  exercise 
or  performance  of  any  or  all  the  powers  or  duties  of  said  com¬ 
mission  hereunder,  and  in  connection  therewith  may  place  and 
maintain  marks  and  make  any  necessary  excavations  or  bor¬ 
ings  therein,  and  said  city  shall  pay  to  the  owner  or  owners  of 
such  lands  any  and  all  damages  suffered  by  them  by  reason 
thereof,  and  if  the  amount  of  any  such  damages  is  not  agreed 
upon  or  paid,  such  owner  or  owners  may  recover  the  same  of 
said  city  as  hereinafter  provided.  Any  such  damages  relative 
to  any  lands  taken  hereunder  accruing  during  any  time  prior 
to  the  time  of  such  taking  shall  be  recoverable  as  part  of  the 
damages  for  the  taking  of  such  lands.  Any  such  damages 


57 


relative  to  any  lands  not  taken  hereunder  shall  be  recoverable 
in  an  action  of  the  case :  provided  that  such  action  is  brought 
in  the  Superior  Court  within  and  for  the  county  of  Providence 
within  two  years  from  the  time  such  cause  of  action  accrues 
and  not  thereafter.  No  public  highway,  square  or  place  shall 
be  opened  for  any  such  purpose  without  said  commission 
filing  written  notice  of  its  intention  so  to  do  in  the  office  of  the 
commissioner  of  public  works  at  least  forty-eight  hours  before 
beginning  the  work,  except  in  any  case  of  emergency,  and  said 
commission  shall  see  that  any  such  work  is  done  in  such  man¬ 
ner  as  to  preserve  the  public  safety. 

Sec.  19.  In  case  under  the  authority  conferred  upon  said 
city  by  an  act  entitled  “An  Act  authorizing  The  Rhode  Island 
Company  to  locate,  make,  construct,  maintain  and  operate  a 
street  railway  subway  or  tunnel  and  approaches  thereto 
through  College  Hill,  so  called,  in  the  city  of  Providence.” 
passed  at  the  January  session,  A.  D.  1912,  and  pursuant  to  the 
Franchise  Agreement  between  said  city  and  said  company 
dated  May  27,  A.  D.  1912,  said  city  shall  purchase  the  sub¬ 
way  or  tunnel  and  approaches  thereto  and  the  railways  and 
appurtenances  therein  or  thereon,  and  the  location  thereof, 
between  the  easterly  line  of  North  Main  street  and  the  westerly 
line  of  Thayer  street,  which  subway  is  now  under  construction 
by  said  company,  said  city  may,  so  far  as  consistent  with  such 
authority  and  contract,  or  to  any  extent  agreed  to  by  both  said 
city  and  said  company,  or  its  assigns,  treat  said  subway  or 
tunnel  as  part  of  its  said  system  of  subways,  and  may  agree 
with  said  company  or  its  assigns  upon  such  changes,  altera¬ 
tions  or  enlargements  of  said  subway  or  tunnel  and  its  ap¬ 
proaches  as  the  city  council  of  said  city  may  deem  necessary 
or  desirable  in  the  public  interest,  and  upon  the  term  of  use 
and  the  rent  for  the  use  of  said  subway  or  tunnel  and  ap¬ 
proaches  thereto  including  any  such  changes,  alterations  or 
enlargements.  Said  city  may  agree  by  due  action  of  its  city 
council  with  said  company  or  its  assigns,  upon  any  changes  or 
modifications  of  the  provisions  of  said  act  and  said  Franchise 
Agreement  as  to  the  ownership  or  use  of  said  subway  or  tun¬ 
nel  and  approaches  thereto.  Said  commission  may  confer  with 
said  company,  or  its  assigns,  as  to  any  of  said  matters,  and 
may  at  any  time  report  to  said  city  council  with  its  recommend¬ 
ations  as  to  anything  pertaining  to  said  subway  or  tunnel  and 

58 


approaches  thereto.  The  cost  of  any  such  purchase  and  of 
any  such  changes,  alterations  or  enlargements  shall  be  in¬ 
cluded  as  part  of  the  cost  of  said  city’s  subway  system,  and  as 
part  of  the  costs  to  defray  which  said  city  is  authorized  to  hire 
money  as  hereinafter  provided.  The  making  or  constructing 
of  any  such  changes,  alterations  or  enlargements  shall  be  sub¬ 
ject  to  and  in  accordance  with  the  provisions  hereof  the  same 
as  any  other  subway  construction  hereunder. 

Sec.  20.  In  respect  to  the  equipment,  use  and  operation  of 
the  railway  to  be  located  in  any  such  subway  and  transporta¬ 
tion  therein,  said  company  or  companies  shall  have  all  the 
powers  and  privileges  and  be  subject  to  all  the  duties,  liabili¬ 
ties,  restrictions  and  provisions  set  forth  in  general  and  special 
laws  now  or  hereafter  in  force  applicable  to  it  or  them.  To 
provide  for  proper  connections  of  the  tracks  in  any  subway  au¬ 
thorized  by  this  act  with  any  surface  tracks,  said  company  or 
companies  may  make  such  alterations  or  extensions  of  any  of 
its  or  their  surface  tracks  and  appurtenances  as  said  commis¬ 
sion  may  approve. 

Sec.  21.  All  property  within  such  subway  or  subways 
which  is  not  an  integral  part  of  the  same,  and  which  shall  be 
placed  therein  by  such  contracting  company  or  companies  for 
the  uses  of  the  company  in  constructing  and  operating  its  rail¬ 
road  and  providing  for  its  passengers  or  for  any  authorized 
minor  uses  hereunder  shall  be  and  remain  the  property  of 
such  company  or  companies,  and  may  be  removed  by  it  or 
them  after  the  expiration  of  the  term  of  the  contract  use,  ex¬ 
cept  that  said  city  may  acquire  pursuant  to  contract  said  prop¬ 
erty  or  any  parts  thereof  at  the  expiration  of  such  term, 
or  may  then  take  the  said  property,  or  so  much  of  it 
as  it  may  require,  at  its  then  fair  value  as  agreed  upon, 
or  in  case  said  city  and  such  companies  shall  not  agree  upon 
such  value,  the  same  shall  be  determined  by  the  decision  of 
three  arbitrators,  one  to  be  selected  by  the  city,  one  by  the 
company  or  companies,  and  the  third  by  the  two  so  chosen. 
The  decision  of  the  arbitrators  or  of  a  majority  of  them  shall 
be  binding  upon  the  parties. 

Sec.  22.  Relative  to  every  taking  by  said  city  of  Providence 
under  the  authority  of  this  act  of  any  land  or  lands  or  any 
estates,  easements,  rights  or  interests  in  any  land  or  lands, 


59 


said  commission  or  other  authorized  representative  or  rep¬ 
resentatives  of  said  city  shall  prepare  a  description  of  the  same 
as  proposed  to  be  taken  and  also  a  plat  showing  such  land  or 
lands,  together  with  a  list  of  the  owners  thereof  so  far  as 
known  to  said  commission  or  such  representative  or  represen¬ 
tatives,  and  shall  submit  such  description  and  plat  together 
with  such  list  to  the  city  council  of  said  city  for  its  action  on 
such  proposal. 

Whenever  the  city  council  of  said  city  shall  pass  any  resolu¬ 
tion  to  take  any  land  or  lands  or  any  estates,  easements,  rights 
or  interests  in  any  land  or  lands,  for  any  such  purpose  or  pur¬ 
poses  under  any  authority  in  this  act  contained,  said  city  coun¬ 
cil  within  three  months  from  the  date  of  the  passage  of  such 
resolution  shall  cause  to  be  filed  in  the  office  of.  the  recorder 
of  deeds  in  Said  city  a  statement,  containing  a  description  of 
such  land  or  lands  and  specifying  the  nature  or  extent  of  the 
title  therein  taken,  as  certain  as  is  required  in  a  common  con¬ 
veyance  of  land,  and  stating  that  the  same  are  taken  pursuant 
to  the  provisions  of  this  act,  and  stating  the  purpose  or  pur¬ 
poses  for  which  the  same  are  taken  hereunder,  and  also  to  be 
filed  in  such  office  a  plat  of  such  land  or  lands. 

Upon  the  filing  of  such  statement  and  plat,  the  title  of  such 
land  or  lands  shall  vest  in  said  city  of  Providence  in  fee  sim¬ 
ple,  unless  a  less  estate  or  interest  therein  is  specified  in  such 
statement  as  taken  by  said  city,  in  which  case  such  land  or 
lands  shall  vest  in  said  city  to  the  extent  and  according  to  the 
nature  of  the  title  therein  taken.  After  the  filing  of  such  state¬ 
ment  and  plat,  said  city  may  at  any  time  take  possession  of  and 
enjoy  the  use  of  any  such  land  or  lands  or  any  estates,  ease¬ 
ments,  rights  or  interests  in  any  land  or  lands  taken  as  afore¬ 
said. 

After  such  filing  of  such  statement  and  plat,  notice  of  the 
taking  of  such  land  or  lands  and  such  estates,  easements, 
rights,  and  interests  in  such  land  or  lands  shall  be  served  upon 
the  owners  of,  and  persons  having  such  estates,  easements, 
rights  and  interests  in,  such  land  or  lands  by  the  city  sergeant 
of  said  city  of  Providence  leaving  a  true  and  attested  copy  of 
such  statement  with  each  of  such  owners  and  persons  personal- 


60  - 


1  y  or  at  his  last  and  usual  place  of  abode  in  this  state  with  some 
person  living  there,  and  in  case  any  of  such  persons  are  absent 
from  this  state  and  have  no  last  and  usual  place  of  abode 
therein  occupied  by  any  person,  such  copy  shall  be  left  with 
the  persons,  if  any,  in  charge  of  or  having  possession  of  such 
land  or  lands  taken  of  such  absent  persons,  and  another  copy 
thereof  shall  be  mailed  to  the  address  of  such  absent  persons 
if  the  same  is  known  to  said  officer;  and  after  such  filing  of 
such  statement  and  plat,  the  city  clerk  of  said  city  shall  cause 
a  copy  of  such  statement  to  be  published  in  some  newspaper  or 
newspapers  published  in  said  city  at  least  twice  a  week  for 
four  successive  weeks. 

If  any  of  such  owners  or  persons  shall  agree  with  said  city 
upon  the  price  of  his  land  or  lands  or  his  estate,  easement, 
right  or  interest  in  such  land  or  lands  so  taken,  the  same  shall 
be  paid  to  him  forthwith  by  said  city  of  Providence. 

Any  owner  or  person  entitled  to  any  such  land  or  lands  or 
to  any  such  estate,  easement,  right  or  interest  in  any  such  land 
or  lands  so  taken,  who  cannot  agree  with  said  city  of  Provi¬ 
dence  upon  the  price  of  his  land  or  lands  or  his  estate,  ease¬ 
ment,  right  or  interest  in  such  land  or  lands  so  taken,  may 
within  six  months  after  personal  notice  of  said  taking,  or  if  he 
have  no  personal  notice  may  within  one  year  from  the  date  of 
such  filing  of  such  statement  and  plat  apply  by  petition,  to  the 
Superior  Court  within  and  for  the  county  of  Providence,  set¬ 
ting  forth  the  taking  of  his  land  or  lands  or  his  estate,  ease¬ 
ment,  right  or  interest  in  such  land  or  lands,  and  praying  for 
an  assessment  of  damages  by  a  jury.  Upon  the  filing  of  said 
petition,  said  court  shall  cause  twenty  days’  notice  of  the  pen¬ 
dency  thereof  to  be  given  to  said  city  by  serving  the  mayor  of 
said  city  with  a  certified  copy  thereof,  and  may  proceed  after 
such  notice  to  the  trial  thereof,  and  such  trial  shall  determine 
all  questions  of  fact  relative  to  the  amount  and  value,  of  his 
land  or  lands  or  his  estate,  easement,  right  or  interest  in  such 
land  or  lands,  so  taken,  and  judgment  shall  be  entered  upon  the 
verdict  of  such  jury  and  execution  shall  be  issued  therefor,  and 
such  trial  shall  be  conducted  in  every  respect  as  other  civil 
cases  are  tried,  including  the  right  to  except  to  rulings  and 
apply  for  new  trial  for  cause.  In  case  of  conflicting  claims 
to  any  such  land  or  lands,  or  to  any  estate,  easement,  right 


61 


or  interest  in  any  such  land  or  lands,  so  taken,  by  any  two  or 
more  such  petitioners,  said  court  may  set  down  the  petitions  of 
such  petitioners  for  trial  at  the  sarrie  time  by  the  same  jury, 
and  may  frame  all  necessary  issues  for  the  trial  thereof. 

In  case  any  owner  of,  or  person  having  any  estate,  easement, 
right  or  interest  in,  any  such  land  or  lands,  so  taken,  shall  fail 
to  receive  personal  notice  of  the  taking  thereof,  and  shall  fail 
to  file  his  petition  as  provided  herein,  said  court  in  its  discre¬ 
tion  may  permit  the  filing  of  such  petition  subsequent  to  said 
period  of  one  year  from  such  filing  of  such  statement  and 
plat ;  provided  that  such  owner  or  person  shall  have  had  no 
actual  knowledge  of  such  taking  in  season  to  file  such  petition 
and  provided  that  said  city  of  Providence,  after  such  filing 
of  such  statement  and  plat,  shall  not  have  paid  any  other  per¬ 
son  or  persons  claiming  to  own  such  land  or  lands  or  such 
estate,  easement,  right  or  interest  in  such  land  or  lands  the 
price  or  value  of  the  same,  or  shall  not  be  liable  to  pay  for  the 
same  under  any  judgment  rendered  against  said  city  under  the 
provisions  of  this  act. 

Sec.  23.  If  any  lands,  or  any  interests  or  estates  therein, 
in  which  any  infant  or  other  person  not  capable  in  law  to  act 
in  his  own  behalf  is  interested,  are  taken  by  said  city  under 
the  provisions  of  this  act,  said  Superior  Court,  upon  the  filing 
therein  of  any  such  petition  by  or  in  behalf  of  such  infant  or 
other  person,  may  appoint  a  guardian  ad  litem  for  such  infant 
or  other  person,  and  such  guardian  may  appear  and  be  heard 
in  behalf  of  such  infant  or  other  person;  and  such  guardian 
may  also,  with  the  advice  and  consent  of  said  Superior  Court 
and  upon  such  terms  as  said  Superior  Court  may  prescribe,  re¬ 
lease  to  said  city  all  claims  for  damages  for  any  lands  or  any  in¬ 
terests  in  lands  of  such  infant  or  other  person,  so  taken.  Any 
lawfully  appointed,  qualified  and  acting  guardian  of  the  estate 
of  any  such  infant  or  other  person,  with  the  approval  of  the 
court  of  probate  within  this  state  having  jurisdiction  to  au¬ 
thorize  the  sale  of  the  lands  within  this  state  of  any  such  in¬ 
fant  or  other  person,  may,  before  the  filing  of'  any  such  peti¬ 
tion,  agree  with  said  commission  or  other  authorized  repre¬ 
sentatives  of  said  city  upon  the  amount  of  damages  sufifered  by 
such  infant  or  other  person  by  any  taking  of  his  lands  or  of 
his  interests  in  any  lands  hereunder,  and  may  upon  receiving 


62 


such  amount,  release  to  said  city  all  claims  of  damages  of  such 
infant  or  other  person  for  such  taking. 

Sec.  24.  Until  otherwise  provided  by  the  city  council  of 
said  city  of  Providence,  said  commission  shall  have  authority 
to  represent  said  city  in  the  making  of  such  agreements,  and  to 
agree  for  said  city  with  any  such  owners  or  persons  upon  the 
price  or  value  of  their  land  or  lands  or  of  their  estates,  ease¬ 
ments,  rights  or  interests  in  such  land  or  lands,  so  taken,  either 
before  or  after  the  filing  of  any  such  petitions  by  such  owners 
or  persons,  and  may  for  said  city  agree  to  settle  any  claims 
under  any  such  petitions  and  any  damage  or  other  claims  or  ac¬ 
tions  against  said  city  under  this  act,  for  such  sum  or  sums 
of  money  as  it  may  reasonably  determine.  When  any  such 
agreement  is  made,  said  commission  shall  cause  its  certificate 
in  writing  containing  the  substance  of  such  agreement  and 
signed  by  the  chairman  or  any  chairman  pro  tempore  or  a 
majority  of  the  members  of  said  commission  to  be  filed  with 
the  city  auditor  of  said  city,  and  when  any  required  receipt, 
discharge,  release,  deed,  title,  certificate  or  other  lawful  con¬ 
dition  is  furnished  or  observed,  said  city  shall  forthwith  pay 
the  sum  of  money  called  for  by  such  agreement  to  the  person 
or  persons  entitled  thereunder. 

Until  otherwise  provided  by  said  city  council,  said  commis¬ 
sion  shall  have  general  authority  to  represent  said  city  and  to 
make  any  agreements  for  said  city  hereunder,  and  to  do  any 
acts  or  things  necessary  for  or  incidental  to  executing  or  ac¬ 
complishing  the  purposes  hereof  and  the  plans  of  the  city 
council  of  said  city  adopted  hereunder,  but  not  to  any  extent 
or  in  any  manner  inconsistent  with  any  of  the  express  provi¬ 
sions  of  this  act.  When  said  commission  for  said  city  takes 
actual  possession  of  any  land  or  lands  acquired  by  purchase 
or  condemnation  hereunder,  it  may  sell,  dispose  of  and 
cause  to  be  removed  any  buildings  or  improvements  thereon 
which  would  obstruct  the  work  hereunder  or  should  be  re¬ 
moved  to  accomplish  the  purposes  hereof ;  and  in  settling 
any  claims  for  damages  for  any  land  or  lands  taken  here¬ 
under,  said  commission  may  agree  that  any  such  buildings 
or  improvements  may  be  removed  by  the  owner  or  owners 
from  whom  the  same  were  taken  in  part  satisfaction  of 
such  damages,  but  within  such  express  time  as  will  not 

63 


impede  any  such  work  or  materially  delay  the  accomplish¬ 
ment  of  such  purposes.  Relative  to  any  such  sales,  said 
commission  in  the  name  and  behalf  of  said  city  may  give 
to  the  purchaser  a  bill  of  sale  of  the  property  sold.  All 
sums  of  money  received  by  said  commission  from  any  such 
sales  shall  be  forthwith  paid  into  the  treasury  of  said  city. 

Sec.  25.  Said  city  of  Providence  is  hereby  authorized 
and  empowered  from  time  to  time  to  hire  any  and  all  sums 
of  money  necessary,  and  to  exclusively  use  the  same,  to 
defray  the  costs  of  securing  such  subway  or  subways,  in¬ 
cluding  all  costs  of  acquiring  such  lands  and  interests  in 
lands,  by  purchase  or  condemnation  or  both,  and  all  such 
construction  costs  and  all  other  expenses  of  said  city  and 
said  commission  hereunder,  and  to  issue  its  notes  and  bonds 
or  either  therefor,  and  to  renew  any  such  notes  from  time 
to  time  as  the  same  become  due.  Said  city  council  shall 
cause  any  bonds  issued  by  authority  hereof  to  be  issued  for 
such  time  and  in  such  amounts  as  shall  be  fixed  by  said 
city  council,  and  after  any  issue  of  any  such  bonds  said 
city  council  shall  annually  appropriate,  so  long  as  any  such 
bonds  are  outstanding, a  sum  sufficient  to  pay  the  interest  there¬ 
on.  Said  city  shall  establish  and  maintain  a  sinking  fund  for  the 
redemption  of  all  issues  of  bonds  under  the  authority  hereof 
as  they  respectively  become  due;  and  all  premiums  arising 
from  the  sale  of  bonds  issued  by  authority  hereof  shall 
be  placed  to  the  credit  of  said  sinking  fund;  and  all  rents, 
tolls,  percentages  or  other  compensation  received  by  said 
city  for  any  use  or  uses  of  such  subway  or  subways  or  such 
conduits,  pipes  or  other  facilities  constructed  under  the  au¬ 
thority  of  this  act,  except  such  amounts  thereof  as  are  suffi¬ 
cient  to  pay  the  interest  on  such  loans  and  bonds,  shall  be 
placed  in  said  sinking  fund  for  said  purpose;  and  all  sums 
of  money  received  from  the  sale  or  lease  of  any  property 
authorized  to  be  sold  or  leased  hereunder  shall  be  placed 
in  said  sinking  fund  for  said  purpose.  In  case  under  any 
contract  pertaining  to  the  construction  of  any  such  subway 
or  subways  or  such  conduits,  pipes  or  other  facilities,  any 
moneys  or  securites  shall  be  received  by  said  city  by  way 
of  forfeit  or  otherwise  for  any  breach  of  such  contract, 
the  same  shall  be  placed  in  said  sinking  fund  for  said  pur¬ 
pose. 


64 


Said  commission  from  time  to  time  and  as  often  as  once 
a  year  shall  report  to  said  city  council  its  estimates  of  the 
amounts  of  money  needed  during  the  ensuing  year  in  the 
execution  of  the  provisions  of  this  act  and  to  meet  the  obli¬ 
gations  of  the  city  arising  from  the  exercise  of  the  powers 
and  authority  herein  contained,  in  order  that  said  city  coun¬ 
cil  may  make  seasonable  provision  for  obtaining  the  neces¬ 
sary  funds  therefor. 

Said  city  shall  have,  hold  and  enjoy  in  its  private  or 
proprietary  capacity,  for  its  own  property  such  subway  and 
subways  and  any  such  structures  connected  therewith  for 
carrying  said  wires,  including  all  subway  structures  and  other 
such  structures  connected  therewith  located  in  or  under  any 
public  squares,  streets  or  highways  or  public  lands,  and  also 
any  and  all  rents,  tolls,  income  and  profits  paid  under  any  and 
all  agreements  or  contracts  for  the  use  or  uses  of  said  prop¬ 
erty,  and  the  same  shall  never  be  taken  by  the  State  except  on 
payment  of  just  compensation. 

Sec.  26.  Any  and  all  salaries,  wages  and  compensation  of 
any  and  all  persons  employed  by  said  commission,  the  expenses 
of  said  commission,  and  all  sums  of  money  required  for  the 
purpose  of  paying  for  lands  or  interests  in  lands  purchased  or 
taken  hereunder,  or  agreed  or  contracted  to  be  paid  by  au¬ 
thority  hereof,  and  all  such  construction  and  other  costs,  shall 
be  payable  by  the  proper  city  officers  in  the  same  manner  and 
subject  to  the  same  course  of  procedure,  so  far  as  consistent 
herewith,  as  if  said  commission  were  a  department  of  the 
city  government,  except  relative  to  any  such  lands  or  interests 
in  land  purchased  the  city  auditor  may  accept,  in  lieu  of  the 
certificates  of  the  city  solicitor,  the  certificates  of  such  title 
examiner  or  examiners  as  may  be  employed  by  said  commis¬ 
sion  that  the  deeds  thereof  convey  good  and  sufficient  title  in 
the  purchased  premises  to  the  city  of  Providence. 

Sec.  27.  Every  subway  and  its  appurtenances  authorized 
by  this  act  shall  be  so  built  and  at  all  times  kept  in  such  con¬ 
dition  that  the  surface  of  the  ground  above  the  same  and  in 
the  neighborhood  thereof  shall  not  thereby  be  rendered  infirm 
or  unsafe  for  buildings  thereon,  or  for  travel  over  any  street 
or  highway  in  or  under  which  such  subway  or  appurtenances 


65 


or  any  part  thereof  is  located,  and  any  failure  of  the  owner 
thereof  in  this  respect  shall  render  it  liable  for  damages  to  be 
recovered  in  an  action  of  the  case :  provided,  that  any  action 
for  such  damages  caused  by  the  construction  of  such  subway 
and  appurtenances  shall  be  brought  in  the  Superior  Court 
within  and  for  the  county  of  Providence  not  later  than  two 
years  from  the  completion  of  the  same,  and  any  cause  of  ac¬ 
tion  accruing  after  such  completion  shall  be  brought  therein 
within  two  years  from  the  time  the  cause  of  action  accrues  and 
not  after. 

Sec.  28.  The  debts  incurred  by  said  city  for  the  acquisition 
and  construction  of  such  subway  or  subways  and  any  other 
structures  connected  therewith  which  are  authorized  hereby 
shall  not  be  considered  in  determining  the  statutory  limit  of 
the  indebtedness  of  said  city. 

Sec.  29.  Relative  to  the  construction  of  this  act,  each  sec¬ 
tion  and  provision  hereof  is  intended  to  be  separable,  except 
so  far  as  expressly  made  dependent  upon  any  other  provision 
hereof,  and  if  any  section  or  part  thereof  should  for  any 
cause  be  held  to  be  ineffective  or  void,  the  same  shall  not  be 
deemed  to  affect  any  other  provision  hereof  to  any  greater 
extent  than  is  necessary. 

Sec.  30.  This  act  shall  take  effect  upon  its  passage,  and 
any  acts  or  parts  of  acts  inconsistent  herewith,  and  the  exer¬ 
cise  of  any  power  under  any  such  acts  or  parts  of  acts  which 
conflicts  with  the  exercise  of  any  power  under  this  act,  are 
hereby  repealed,  suspended  or  modified  in  so  far  and  only  to 
the  extent  necessary  to  make  this  act  effective. 


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